{"id":"C2004A05189","name":"Australian National Railways Commission Sale Act 1997","slug":"australian-national-railways-commission-sale-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"96 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7763,"registerId":"commonwealth-C2004A05189-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"##### 3 Schedule(s)\n\n  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its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.","sortOrder":2},{"sectionNumber":"Schedule 1","sectionType":"part","heading":"Insertion of new Part VA in the Australian National Railways Commission Act 1983","content":"# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:","sortOrder":3},{"sectionNumber":"Part VA","sectionType":"part","heading":"Transfer of assets of Commission","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":5},{"sectionNumber":"67AA","sectionType":"section","heading":"Purpose of Part","content":"##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.","sortOrder":6},{"sectionNumber":"67AB","sectionType":"section","heading":"Simplified outline","content":"##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.","sortOrder":7},{"sectionNumber":"67AC","sectionType":"section","heading":"Interpretation","content":"##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Transfer of assets, liabilities, rights and obligations of Commission","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":9},{"sectionNumber":"67AD","sectionType":"section","heading":"Minister for Finance may direct Commission to sell or transfer assets","content":"##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.","sortOrder":10},{"sectionNumber":"67AE","sectionType":"section","heading":"Transfer of assets by declaration","content":"##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.","sortOrder":11},{"sectionNumber":"67AF","sectionType":"section","heading":"Transfer of contractual rights and obligations by declaration","content":"##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.","sortOrder":12},{"sectionNumber":"67AG","sectionType":"section","heading":"Transfer of liabilities by declaration","content":"##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.","sortOrder":13},{"sectionNumber":"67AH","sectionType":"section","heading":"Commonwealth guaranteed liabilities of the Commission","content":"##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.","sortOrder":14},{"sectionNumber":"67AJ","sectionType":"section","heading":"Consideration","content":"##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"Contracts","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":16},{"sectionNumber":"67AK","sectionType":"section","heading":"Commission may enter into contracts","content":"##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.","sortOrder":17},{"sectionNumber":"67AL","sectionType":"section","heading":"Minister for Finance may direct Commission to enter into contracts","content":"##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.","sortOrder":18},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transfers by the Commonwealth","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":19},{"sectionNumber":"67AM","sectionType":"section","heading":"Transfer of assets","content":"##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.","sortOrder":20},{"sectionNumber":"67AN","sectionType":"section","heading":"Transfer of contractual rights and obligations","content":"##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.","sortOrder":21},{"sectionNumber":"67AP","sectionType":"section","heading":"Transfer of liabilities","content":"##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.","sortOrder":22},{"sectionNumber":"67AQ","sectionType":"section","heading":"Consideration","content":"##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.","sortOrder":23},{"sectionNumber":"Division 5","sectionType":"division","heading":"Proceeds of asset transfers to be paid to the Commonwealth","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":24},{"sectionNumber":"67AR","sectionType":"section","heading":"Proceeds of asset transfers to be paid to the Commonwealth","content":"##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.","sortOrder":25},{"sectionNumber":"Division 6","sectionType":"division","heading":"Tax exemption","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":26},{"sectionNumber":"67AS","sectionType":"section","heading":"Exemption from stamp duty and other taxes","content":"##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).","sortOrder":27},{"sectionNumber":"Division 7","sectionType":"division","heading":"Commonwealth takeover of contractual rights and obligations and other liabilities","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":28},{"sectionNumber":"67AT","sectionType":"section","heading":"Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission","content":"##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.","sortOrder":29},{"sectionNumber":"67AU","sectionType":"section","heading":"Commonwealth takeover of certain liabilities of the Commission","content":"##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.","sortOrder":30},{"sectionNumber":"67AV","sectionType":"section","heading":"Authorisation of payments","content":"##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.","sortOrder":31},{"sectionNumber":"67AW","sectionType":"section","heading":"Appropriation","content":"##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":32},{"sectionNumber":"67AX","sectionType":"section","heading":"Application of the Loans Securities Act 1919","content":"##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.","sortOrder":33},{"sectionNumber":"Division 8","sectionType":"division","heading":"Commission and others to assist the implementation of this Part","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":34},{"sectionNumber":"67AY","sectionType":"section","heading":"Implementation of this Part","content":"##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.","sortOrder":35},{"sectionNumber":"67AZ","sectionType":"section","heading":"Assistance given by Commission and Commissioners in connection with the implementation of this Part","content":"##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).","sortOrder":36},{"sectionNumber":"67AZA","sectionType":"section","heading":"Giving of assistance—ancillary provisions","content":"##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.","sortOrder":37},{"sectionNumber":"67AZB","sectionType":"section","heading":"Use of information by the Commonwealth or the Commission","content":"##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.","sortOrder":38},{"sectionNumber":"67AZC","sectionType":"section","heading":"Agreements relating to the protection of information","content":"##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.","sortOrder":39},{"sectionNumber":"Division 9","sectionType":"division","heading":"Injunctions","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":40},{"sectionNumber":"67AZD","sectionType":"section","heading":"Injunctions","content":"##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.","sortOrder":41},{"sectionNumber":"67AZE","sectionType":"section","heading":"Interim injunctions","content":"##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.","sortOrder":42},{"sectionNumber":"67AZF","sectionType":"section","heading":"Discharge etc. of injunctions","content":"##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.","sortOrder":43},{"sectionNumber":"67AZG","sectionType":"section","heading":"Certain limits on granting injunctions not to apply","content":"##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.","sortOrder":44},{"sectionNumber":"67AZH","sectionType":"section","heading":"Other powers of the court unaffected","content":"##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.","sortOrder":45},{"sectionNumber":"Division 10","sectionType":"division","heading":"Miscellaneous","content":"An Act to amend the Australian National Railways Commission Act 1983, to repeal certain Acts, and for other purposes\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Australian National Railways Commission Sale Act 1997.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (2) Items 7 to 10 of Schedule 3 and items 8 and 9 of Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of South Australia has agreed to those items commencing.\n  (3) Item 11 of Schedule 3 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the relevant Minister of Tasmania has agreed to that item commencing.\n  (4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.\n  (5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).\n\n##### 3 Schedule(s)\n\n  Subject to section 2, 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# Schedule 1—Insertion of new Part VA in the Australian National Railways Commission Act 1983\n\n1 After Part V\n\nInsert:\n\n## Part VA—Transfer of assets of Commission\n\n### Division 1—Preliminary\n\n##### 67AA Purpose of Part\n\n  The purpose of this Part is to provide for the winding down of the operations of the Commission prior to the Commission being abolished by the repeal of this Act.\n\n##### 67AB Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up a scheme under which assets of the Commission may be transferred to other persons.\n\n• The Commission may be directed to sell or transfer any of its assets.\n\n• The assets, contracts and liabilities of the Commission may be transferred by declaration.\n\n• Commonwealth guaranteed liabilities may, however, only be transferred to the Commonwealth.\n\n• If assets, contracts or liabilities (other than Commonwealth guaranteed liabilities) of the Commission have been transferred to the Commonwealth, the assets, contracts or liabilities may be transferred by the Commonwealth to other persons.\n\n• The Commission may be required to pay to the Commonwealth an amount equal to any consideration received for the sale or transfer of any of the Commission’s assets or contracts.\n\n• Certain transactions under this Part are exempt from stamp duty and similar taxes.\n\n• The Commonwealth may take over obligations of the Commission.\n\n• The Commission, the Commissioners, and certain other persons, may be required to assist the Commonwealth or the Commission in connection with the implementation of this Part.\n\n• The Federal Court may grant injunctions relating to the enforcement of this Part.\n\n• Provision is made for compensation for acquisition of property.\n\n##### 67AC Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> asset 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\n> Commonwealth guaranteed liability means a liability, and any other related obligations, whose satisfaction or performance is guaranteed by the Commonwealth.\n\n> contract includes:\n\n(a) a deed; and\n\n(b) a deed poll.\n\n> Federal Court means the Federal Court of Australia.\n\n> instrument includes a document.\n\n> land 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\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> obligation means any obligation whether actual, contingent or prospective.\n\n### Division 2—Transfer of assets, liabilities, rights and obligations of Commission\n\n##### 67AD Minister for Finance may direct Commission to sell or transfer assets\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to sell or transfer a specified asset of the Commission.\n\n> Note: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the sale or transfer, including (but not limited to) any of the following requirements:\n\n(a) a requirement that the sale or transfer must be to a specified person;\n\n(b) a requirement that the sale or transfer must be completed before a specified time;\n\n(c) a requirement that the sale or transfer must be undertaken in a specified manner;\n\n(d) in the case of a sale—a requirement that the asset must be sold for a price that is within a specified range;\n\n(e) in the case of a sale—a requirement that the asset must be marketed, and that the sale must be undertaken, through a specified agent.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) The Commission must comply with the direction.\n  (4) This section does not limit section 67AE or 67AF.\n\n##### 67AE Transfer of assets by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset of the Commission:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commission from transferring an asset to a person otherwise than under that subsection unless the transfer would be contrary to a declaration made under that subsection.\n\n##### 67AF Transfer of contractual rights and obligations by declaration\n\n  (1) The Minister for Finance may, by writing, declare that the Commission’s rights and obligations under a specified contract to which the Commission is a party:\n\n(a) cease to be rights and obligations of the Commission at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n> Note: A right or obligation may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to a specified person.\n  (3) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect after the Commission’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commission were a reference to the person.\n  (4) The Minister for Finance may, by writing, declare that a specified person becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the person.\n  (5) A declaration under this section has effect accordingly.\n  (6) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (7) This section does not, by implication, limit section 67AE.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n##### 67AG Transfer of liabilities by declaration\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to a liability of the Commission other than a Commonwealth guaranteed liability:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commission were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AH Commonwealth guaranteed liabilities of the Commission\n\n  (1) The Minister for Finance may, by written notice, declare that specified Commonwealth guaranteed liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on a specified day.\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) The Treasurer may authorise the payment of money to discharge the Commonwealth guaranteed liabilities that become liabilities of the Commonwealth, whether by ending those liabilities or otherwise.\n  (4) The Consolidated Revenue Fund is appropriated for payments under this section.\n\n##### 67AJ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 3—Contracts\n\n##### 67AK Commission may enter into contracts\n\n  The Commission may, subject to sections 6AA and 67AL, subsection 55(3) and this Part, enter into contracts for the purposes of this Part.\n\n##### 67AL Minister for Finance may direct Commission to enter into contracts\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct the Commission to enter into specified contracts.\n\n> Note: A contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The direction may impose on the Commission requirements that are ancillary or incidental to the contract, including (but not limited to) either or both of the following requirements:\n\n(a) a requirement that the contract must be with a specified person;\n\n(b) a requirement that the contract must be entered into before a specified time.\n\n  (3) The Commission must comply with the direction.\n\n### Division 4—Transfers by the Commonwealth\n\n##### 67AM Transfer of assets\n\n  (1) The Minister for Finance may, by writing, make any or all of the following declarations in relation to an asset that has vested in the Commonwealth under section 67AE:\n\n(a) a declaration that a specified asset vests in a specified person at a specified time without any conveyance, transfer or assignment;\n\n(b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the person.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) A declaration under subsection (1) has effect accordingly.\n  (3) A copy of a declaration under subsection (1) is to be published in the Gazette within 14 days after the making of the declaration.\n  (4) Subsection (1) does not prevent the Commonwealth from transferring an asset to a person otherwise than under that subsection.\n\n##### 67AN Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract where rights and obligations under the contract became rights and obligations of the Commonwealth under section 67AF.\n  (2) The Minister for Finance may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n\n(a) cease to be rights and obligations of the Commonwealth at a specified time; and\n\n(b) become rights and obligations of a specified person at that time.\n\n  (3) The Minister for Finance may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to a specified person.\n  (4) The Minister for Finance may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of a specified person, as if a reference in the instrument to the Commonwealth were a reference to the person.\n  (5) The Minister for Finance may, by writing, declare that a specified person becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the person.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) This section does not, by implication, limit section 67AM.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AP Transfer of liabilities\n\n  (1) This section applies to a liability that became a liability of the Commonwealth under section 67AG.\n  (2) The Minister for Finance may, by writing, make any or all of the following declarations:\n\n(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of a specified person at a specified time;\n\n(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of a specified person as if a reference in the instrument to the Commonwealth were a reference to the person;\n\n(c) a declaration that a specified person becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the person.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n##### 67AQ Consideration\n\n  (1) A declaration may be made under this Division, whether or not the declaration is associated with the giving of consideration.\n  (2) This section is enacted for the avoidance of doubt.\n\n### Division 5—Proceeds of asset transfers to be paid to the Commonwealth\n\n##### 67AR Proceeds of asset transfers to be paid to the Commonwealth\n\n  (1) The Minister for Finance may, by written notice given to the Commission, direct that, if the Commission receives any consideration in respect of:\n\n(a) the sale or transfer by the Commission of a specified asset; or\n\n(b) the transfer of the Commission’s rights and obligations under a specified contract;\n\n  the Commission must pay to the Commonwealth a specified amount. The amount specified must not be more than the amount of the consideration.\n\n> Note: An asset or contract may be specified by name, by inclusion in a specified class or in any other way.\n\n  (2) The Commission must comply with the direction.\n  (3) This section does not, by implication, limit section 57.\n\n### Division 6—Tax exemption\n\n##### 67AS Exemption from stamp duty and other taxes\n\n  (1) Subject to subsection (2), stamp duty or other tax is not payable under a law of the Commonwealth, a State or a Territory in respect of:\n\n(a) an exempt matter; or\n\n(b) anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n\n  (2) The Minister for Finance may, by written notice, declare that subsection (1) does not apply in respect of a specified exempt matter.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) In this section:\n\n> exempt matter means:\n\n(a) the sale or transfer by the Commission of an asset in accordance with a direction under section 67AD; or\n\n(b) an agreement relating to a sale or transfer covered by paragraph (a); or\n\n(c) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a sale or transfer covered by paragraph (a); or\n\n(d) a transfer under section 67AE, 67AF or 67AG; or\n\n(e) an agreement relating to a transfer covered by paragraph (d); or\n\n(f) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a transfer covered by paragraph (d); or\n\n(g) the entering into of a contract by the Commission under section 67AK or in accordance with a direction under section 67AL; or\n\n(h) the receipt of money by the Commission, or by a person acting on behalf of the Commission, in respect of a contract covered by paragraph (g); or\n\n(i) a transfer under section 67AM, 67AN or 67AP; or\n\n(j) an agreement relating to a transfer covered by paragraph (i); or\n\n(k) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (i); or\n\n(l) the sale or transfer by the Commonwealth of an asset that has vested in the Commonwealth under section 67AE; or\n\n(m) an agreement relating to a sale or transfer covered by paragraph (l); or\n\n(n) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a sale or transfer covered by paragraph (l); or\n\n(o) the entering into of a contract by the Minister for Finance for the sale of shares referred to in section 67AZN; or\n\n(p) the receipt of money by the Minister for Finance, or by a person acting on behalf of the Minister for Finance, in respect of a contract covered by paragraph (o).\n\n### Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities\n\n##### 67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission\n\n  (1) This section applies to a contractual right or obligation or other liability of the Commission other than a liability to which section 67AU applies.\n  (2) The Minister for Finance may, on the Commonwealth’s behalf, enter into an agreement to take over a contractual right or obligation or other liability to which this section applies.\n\n##### 67AU Commonwealth takeover of certain liabilities of the Commission\n\n  (1) This section applies to a liability of the Commission under a borrowing transaction.\n  (2) The Treasurer may, on the Commonwealth’s behalf, enter into an agreement to take over a liability to which this section applies.\n  (3) For the purposes of this section, a borrowing transaction is:\n\n(a) a loan; or\n\n(b) any other transaction that gives rise to a borrowing.\n\n  (4) For the purposes of this section, borrowing includes borrowing, or otherwise raising money, by dealing in securities.\n  (5) For the purposes of this section, the obtaining of credit is taken to be a borrowing of an amount equal to the value of the credit obtained.\n\n##### 67AV Authorisation of payments\n\n  If the Treasurer enters into an agreement under subsection 67AU(2), the Treasurer may authorise the payment of money to discharge the Commonwealth’s obligations under the agreement, whether by terminating those obligations or otherwise.\n\n##### 67AW Appropriation\n\n  A payment under section 67AV is to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n##### 67AX Application of the Loans Securities Act 1919\n\n  Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of the Loans Securities Act 1919 apply in relation to a liability that is taken over by the Commonwealth under section 67AU as if that liability were a borrowing of money outside Australia:\n\n(a) that the Treasurer was authorised to make on behalf of the Commonwealth; and\n\n(b) that the Treasurer made accordingly.\n\n### Division 8—Commission and others to assist the implementation of this Part\n\n##### 67AY Implementation of this Part\n\n  A reference in this Division to the implementation of this Part includes a reference to the formulation of the policies and approaches to be adopted by the Minister for Finance for the purposes of this Part.\n\n##### 67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part\n\n  (1) The Commission may, on the Commission’s own initiative, assist the Commonwealth in connection with the implementation of this Part.\n  (2) A Commissioner may, on his or her own initiative, assist the Commonwealth or the Commission in connection with the implementation of this Part.\n  (3) The Commission must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (4) A Commissioner must, when requested in writing by the Minister for Finance to do so, assist the Commonwealth or the Commission in connection with the implementation of this Part. The assistance is to be given within the period, and in the form and manner, specified in the request.\n  (5) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4) or the making of a request under subsection (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n\n##### 67AZA Giving of assistance—ancillary provisions\n\n  (1) The assistance mentioned in subsection 67AZ(1), (2), (3) or (4) may take the form of:\n\n(a) the giving of information; or\n\n(b) the giving of financial assistance; or\n\n(c) the giving of a financial benefit to a related party; or\n\n(d) the provision, by a Commissioner or by employees of the Commission, of facilities, information and other assistance in connection with the conduct of:\n\n(i) a due diligence procedure or a similar process; or\n\n(ii) a market briefing or a similar process; or\n\n(e) the entering into of an agreement with the Commonwealth or the Commission.\n\n  (2) Subsection (1) does not, by implication, limit the forms in which assistance may be given.\n  (3) Section 67AZ does not, by implication, limit:\n\n(a) the executive power of the Commonwealth to enter into an agreement; or\n\n(b) the power of the Commission to enter into an agreement; or\n\n(c) the capacity of the Commission or a Commissioner to enter into an agreement with the Commonwealth; or\n\n(d) the capacity of a Commissioner to enter into an agreement with the Commission.\n\n  (4) Section 67AZ extends to the giving of assistance outside Australia, whether or not in a foreign country.\n\n##### 67AZB Use of information by the Commonwealth or the Commission\n\n  (1) This section applies to information obtained under section 67AZ.\n  (2) The Commonwealth, the Commission, or an associated person, may use the information for a purpose in connection with the implementation of this Part.\n  (3) The Commonwealth, the Commission, or an associated person, may disclose the information for a purpose in connection with the implementation of this Part.\n  (4) To avoid doubt, the use or disclosure of information as mentioned in subsection (2) or (3) does not result in a contravention of, or give rise to a liability or remedy under a rule of common law or equity (other than a rule of administrative law).\n  (5) In this section:\n\n> associated person means:\n\n(a) a Minister; or\n\n(b) an individual who holds an office under, or is employed by, the Commonwealth; or\n\n(c) an officer or employee within the meaning of the Public Service Act 1922; or\n\n(d) a person who performs services for or on behalf of the Commonwealth in connection with the implementation of this Part; or\n\n(e) a Commissioner; or\n\n(f) an officer or employee of the Commission; or\n\n(g) a person who performs services for or on behalf of the Commission in connection with the implementation of this Part.\n\n##### 67AZC Agreements relating to the protection of information\n\n  (1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (2) An agreement under subsection (1) may be enforced as if it were a contract.\n  (3) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements.\n  (4) The Commission may enter into an agreement with a person relating to the protection of information:\n\n(a) that is obtained under section 67AZ; and\n\n(b) the publication of which might be expected to prejudice substantially a person’s commercial interests.\n\n  (5) An agreement under subsection (4) may be enforced as if it were a contract.\n  (6) Subsection (4) does not, by implication, limit the power of the Commission to enter into agreements.\n\n### Division 9—Injunctions\n\n##### 67AZD Injunctions\n\n  Restraining injunctions\n  (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Part, the Federal Court may, on the application of the Minister for Finance, grant an injunction:\n\n(a) restraining the person from engaging in the conduct; and\n\n(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n\n  Performance injunctions\n  (2) If:\n\n(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n\n(b) the refusal or failure was, is, or would be, a contravention of this Part;\n\n  the Federal Court may, on the application of the Minister for Finance, grant an injunction requiring the person to do that act or thing.\n\n##### 67AZE Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 67AZD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 67AZD, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n##### 67AZF Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Division.\n\n##### 67AZG Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n\n(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n  Performance injunctions\n  (2) The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:\n\n(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n\n(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n##### 67AZH Other powers of the court unaffected\n\n  The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n### Division 10—Miscellaneous\n\n##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.\n\n##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.\n\n##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.\n\n##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.\n\n##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.\n\n##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.\n\n##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.\n\n##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.\n\n##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n  \n\n# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:\n\n##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:\n\n##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:\n\n##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:\n\n##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:\n\n##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.\n\n  \n\n# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.\n\n  \n\n# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.\n\n  \n\n# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":46},{"sectionNumber":"67AZJ","sectionType":"section","heading":"Transfers of Commission land may be registered","content":"##### 67AZJ Transfers of Commission land may be registered\n\n  (1) This section applies if:\n\n(a) any right, title or interest in particular land vests in a person under section 67AE or 67AM; and\n\n(b) there is lodged with a land registration official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the land, whether by reference to a map or otherwise; and\n\n(iii) states that the right, title or interest has become vested in the person under section 67AE or 67AM, as the case requires.\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 subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.","sortOrder":47},{"sectionNumber":"67AZK","sectionType":"section","heading":"This Part does not modify registers kept by land registration officials","content":"##### 67AZK This Part does not modify registers kept by land registration officials\n\n  This Part, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.","sortOrder":48},{"sectionNumber":"67AZL","sectionType":"section","heading":"Lands Acquisition Act 1989 does not apply to this Part","content":"##### 67AZL Lands Acquisition Act 1989 does not apply to this Part\n\n  The Lands Acquisition Act 1989 does not apply in relation to anything done under this Part.","sortOrder":49},{"sectionNumber":"67AZM","sectionType":"section","heading":"Certificates in relation to assets other than land","content":"##### 67AZM Certificates in relation to assets other than land\n\n  (1) This section applies if:\n\n(a) an asset other than land vests in a specified transferee under section 67AE or 67AM; and\n\n(b) there is lodged with an assets official a certificate that:\n\n(i) is signed by the Minister for Finance, or a person authorised by the Minister for Finance, in writing, for the purposes of this section; and\n\n(ii) identifies the asset; and\n\n(iii) states that the asset has become vested in the specified transferee under section 67AE or 67AM, as the case requires.\n\n  (2) The assets official may:\n\n(a) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n(b) make such entries in the register as are necessary having regard to the effect of section 67AE or 67AM.\n\n  (3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.\n  (4) In this section:\n\n> assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, has responsibility for keeping a register in relation to assets of the kind concerned.","sortOrder":50},{"sectionNumber":"67AZN","sectionType":"section","heading":"Minister may sell shares in sale company","content":"##### 67AZN Minister may sell shares in sale company\n\n  To avoid doubt, if the Commonwealth owns shares in a company that is established for purposes related to the purposes of this Part, the Minister for Finance may, on behalf of the Commonwealth, enter into contracts to sell the shares.","sortOrder":51},{"sectionNumber":"67AZP","sectionType":"section","heading":"Legislative Instruments Act does not apply to this Part","content":"##### 67AZP Legislative Instruments Act does not apply to this Part\n\n  To avoid doubt, an instrument made under this Part is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997.","sortOrder":52},{"sectionNumber":"67AZQ","sectionType":"section","heading":"Operation of Australian Land Transport Development Act 1988","content":"##### 67AZQ Operation of Australian Land Transport Development Act 1988\n\n  For the purpose of paragraph 32(1)(n) of the Australian Land Transport Development Act 1988, where the Commission disposes of an asset under this Part, the Commission is taken to have paid to the Commonwealth an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.","sortOrder":53},{"sectionNumber":"67AZR","sectionType":"section","heading":"Minister may enter into certain agreements with States","content":"##### 67AZR Minister may enter into certain agreements with States\n\n  (1) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with South Australia that:\n\n(a) terminates or varies the agreements contained in any of the following Acts:\n\n(i) Port Augusta to Whyalla Railway Agreement Act 1970;\n\n(ii) Tarcoola to Alice Springs Railway Act 1974;\n\n(iii) Railways Agreement (South Australia) Act 1975;\n\n(iv) Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980; or\n\n(b) provides for the transfer to South Australia of the whole or any part of land owned by the Commission or the Commonwealth that is located in South Australia and that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (2) The Minister may, by written notice, enter into one or more agreements on behalf of the Commonwealth, with Tasmania that:\n\n(a) terminates or varies the agreement contained in the Railways (Tasmania) Act 1975; or\n\n(b) provides for the transfer to Tasmania of the whole or any part of land owned by the Commission or the Commonwealth that is located in Tasmania that is used for purposes related to railways; or\n\n(c) provides for matters that are incidental to transfers covered by paragraph (b); or\n\n(d) provides for matters that are incidental to the purposes of this Part; or\n\n(e) authorises the performance and observance by the Commonwealth and by the Commission of the new agreements.\n\n  (3) A notice by the Minister under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.","sortOrder":54},{"sectionNumber":"67AZS","sectionType":"section","heading":"Compensation—constitutional safety net","content":"##### 67AZS Compensation—constitutional safety net\n\n  (1) If:\n\n(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.\n  (4) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":55},{"sectionNumber":"67AZT","sectionType":"section","heading":"Transfer of pending proceedings","content":"##### 67AZT Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Act, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n\n(a) were pending in any court or tribunal immediately before that time; and\n\n(b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n\n  then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.","sortOrder":56},{"sectionNumber":"67AZU","sectionType":"section","heading":"Operation of this Part does not place a person in breach of contract etc.","content":"##### 67AZU Operation of this Part does not place a person in breach of contract etc.\n\n  To avoid doubt, the operation of this Part is not to be regarded as:\n\n(a) placing a person in breach of contract or confidence; or\n\n(b) otherwise making a person guilty of a civil wrong; or\n\n(c) placing a person in breach of, or constituting a default under, any Act or other law or any provision in an agreement, arrangement or understanding including, but not limited to, any contractual provision prohibiting, restricting or regulating:\n\n(i) the assignment or transfer of any asset, liability, right or obligation; or\n\n(ii) the disclosure of any information; or\n\n(d) releasing any surety from any of the surety’s obligations in relation to a liability or obligation that is transferred under a declaration made under this Part; or\n\n(e) fulfilling any condition which:\n\n(i) allows a person to terminate any agreement or obligation; or\n\n(ii) modifies the operation or effect of any agreement; or\n\n(iii) requires any money to be paid before its stated maturity.","sortOrder":57},{"sectionNumber":"67AZV","sectionType":"section","heading":"Delegation","content":"##### 67AZV Delegation\n\n  (1) The Minister for Finance may, by writing, delegate to:\n\n(a) the Secretary to the Department of Finance; or\n\n(b) the Chief Executive of the Office of Asset Sales; or\n\n(c) a person holding or performing the duties of a Senior Executive Service office (whether or not in the Department of Finance);\n\n  all or any of the functions and powers conferred on the Minister for Finance by this Part.\n  (2) In this section:\n\n> Senior Executive Service office has the same meaning as in the Public Service Act 1922.","sortOrder":58},{"sectionNumber":"67AZW","sectionType":"section","heading":"Commonwealth records","content":"##### 67AZW Commonwealth records\n\n  (1) This Part does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.\n  (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983 or the record is covered by a determination under section 29 of that Act.","sortOrder":59},{"sectionNumber":"67AZX","sectionType":"section","heading":"This Part does not authorise the imposition of taxation","content":"##### 67AZX This Part does not authorise the imposition of taxation\n\n  This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.","sortOrder":60},{"sectionNumber":"Schedule 2","sectionType":"part","heading":"Other amendments of the Australian National Railways Commission Act 1983","content":"# Schedule 2—Other amendments of the Australian National Railways Commission Act 1983\n\n1 At the end of Part I\n\nAdd:","sortOrder":61},{"sectionNumber":"3A","sectionType":"section","heading":"Crown to be bound","content":"##### 3A Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.","sortOrder":62},{"sectionNumber":"3B","sectionType":"section","heading":"Extra‑territorial operation","content":"##### 3B Extra‑territorial operation\n\n  This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n2 At the end of section 5\n\nAdd:\n\n; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.\n\n    Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.\n\n3 At the end of section 6\n\nAdd:\n\n  (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).\n\n4 After section 6\n\nInsert:","sortOrder":63},{"sectionNumber":"6AA","sectionType":"section","heading":"Ministerial directions","content":"##### 6AA Ministerial directions\n\n  (1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.\n  (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:\n\n(a) require the Commission to:\n\n(i) cease to perform a specified function; or\n\n(ii) cease to exercise a specified power; or\n\n(b) impose restrictions or conditions on:\n\n(i) the performance by the Commission of a specified function; or\n\n(ii) the exercise by the Commission of a specified power.\n\n> Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.\n\n  (3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n  (5) The Commission must comply with a direction under subsection (1).\n  (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.\n\n5 Subsection 18(1)\n\nOmit “subsections 19(3) and 55(3)”, substitute “section 6AA, subsection 55(3) and Part VA”.\n\n6 Section 19\n\nRepeal the section.\n\n7 Section 20\n\nRepeal the section.\n\n8 Subsection 21(1)\n\nAfter “this section”, insert “, section 6AA”.\n\n9 Subsection 21(1)\n\nOmit “, 19(3)”.\n\n10 Subsections 24(1) and (2)\n\nRepeal the subsections, substitute:\n\n  (1) The Commission consists of the following Commissioners:\n\n(a) the Chairman of the Commission;\n\n(a) the Deputy Chairman of the Commission;\n\n(b) the Managing Director of the Commission;\n\n(c) such number of other Commissioners as the Minister appoints.\n\n  (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.\n  (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.\n\n11 Section 25\n\nRepeal the section.\n\n12 Section 32\n\nRepeal the section.\n\n13 Subsection 34(6)\n\nOmit “4 Commissioners constitute a quorum”, substitute “a quorum is constituted by half of the Commissioners”.\n\n14 Section 36C\n\nRepeal the section, substitute:","sortOrder":64},{"sectionNumber":"36C","sectionType":"section","heading":"Managing Director may be full‑time or part‑time","content":"##### 36C Managing Director may be full‑time or part‑time\n\n  The Managing Director may hold office on either a part‑time or a full‑time basis.\n\n15 Section 54\n\nRepeal the section.\n\n16 Subsection 55(3)\n\nOmit “subsection 19(3)”, substitute “section 6AA and Part VA”.\n\n17 Sections 57, 57A and 58\n\nRepeal the sections, substitute:","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Payment of amounts to the Commonwealth","content":"##### 57 Payment of amounts to the Commonwealth\n\n  (1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.\n  (2) The Commission must comply with a direction under subsection (1).\n\n18 Subsection 62(1)\n\nOmit “The Commission”, substitute “Subject to subsections (3) and (4), the Commission”.\n\n19 At the end of section 62\n\nAdd:\n\n  (3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.\n  (4) The Commission must comply with a direction under subsection (3).\n\n20 Subsection 63(1)\n\nOmit “incurred by it under section 62”, substitute:\n\n  incurred by it:\n\n(a) under a borrowing made under section 62; or\n\n(b) under any other contract, arrangement, agreement or obligation.\n\n21 Subsection 63(2)\n\nAfter “under section 62”, insert “or under any other contract, arrangement, agreement or obligation”.\n\n22 Section 74\n\nAfter “contrary,”, insert “other than a law that specifically relates to the safety in the operation of railways,”.\n\n23 After section 74\n\nInsert:","sortOrder":66},{"sectionNumber":"74A","sectionType":"section","heading":"Operation of certain State and Territory laws","content":"##### 74A Operation of certain State and Territory laws\n\n  (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.\n  (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.\n  (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.\n  (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.\n  (5) A declaration made under subsection (3) has effect accordingly.","sortOrder":67},{"sectionNumber":"Schedule 3","sectionType":"part","heading":"Repeal of the Australian National Railways Commission Act 1983 and other Acts","content":"# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts\n\nAustralian National Railways Commission Act 1983\n\n1 The whole of the Act\n\nRepeal the Act.\n\n2 Definitions\n\nIn this Schedule:\n\nrepeal day means the day on which this item commences.\n\nresidual assets means:\n\n(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and\n\n(b) any rights, privileges and immunities including contingent or prospective ones;\n\nof the Commission immediately before the repeal day.\n\nresidual instruments means instruments that are in force immediately before the repeal day:\n\n(a) to which the Commission is a party; or\n\n(b) that were given to, by or in favour of the Commission; or\n\n(c) in which a reference is made to the Commission; or\n\n(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.\n\nresidual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.\n\n3 Residual assets and liabilities to become Commonwealth assets and liabilities\n\n(1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.\n\n(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.\n\n(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.\n\n4 Provisions continue to apply\n\nIn spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.\n\n4A Registration of transfers after repeal\n\nDespite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.\n\n5 Pending proceedings\n\nIf, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.\n\nSeat of Government Railway Act 1928\n\n6 The whole of the Act\n\nRepeal the Act.\n\nPort Augusta to Whyalla Railway Act 1970\n\n7 The whole of the Act\n\nRepeal the Act.\n\nTarcoola to Alice Springs Railway Act 1974\n\n8 The whole of the Act\n\nRepeal the Act.\n\nRailways Agreement (South Australia) Act 1975\n\n9 The whole of the Act\n\nRepeal the Act.\n\nRailway Agreement (Adelaide to Crystal Brook Railway) Act 1980\n\n10 The whole of the Act\n\nRepeal the Act.\n\nRailways (Tasmania) Act 1975\n\n11 The whole of the Act\n\nRepeal the Act.","sortOrder":68},{"sectionNumber":"Schedule 4","sectionType":"part","heading":"Amendment of other Acts","content":"# Schedule 4—Amendment of other Acts\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n1 Paragraph (k) of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nCommonwealth Borrowing Levy Act 1987\n\n2 Schedule\n\nOmit “6. Australian National Railways Commission”.\n\nFreedom of Information Act 1982\n\n3 Part I of Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nLegislative Instruments Act 1997\n\n4 Schedule 2\n\nOmit “Australian National Railways Commission Act 1983”.\n\n5 Schedule 3\n\nOmit “Australian National Railways Commission”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n6 Subsection 10(5)\n\nRepeal the subsection.\n\nNational Crime Authority Act 1984\n\n7 Schedule 2\n\nOmit “Australian National Railways Commission”.\n\nNorthern Territory Acceptance Act 1910\n\n8 Paragraphs 14(g) and (h)\n\nRepeal the paragraphs.\n\n9 Transitional—agreement\n\nAfter the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs (1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.\n\nNational Rail Corporation Agreement Act 1992\n\n10 Section 3 (definition of Commonwealth rail freight agreement)\n\nOmit “, the Australian National Railways Commission, or any other”, substitute “or any”.\n\n11 Section 3 (paragraph (b) of the definition of eligible party)\n\nRepeal the paragraph.\n\n12 Section 3 (paragraph (c) of the definition of eligible party)\n\nOmit “other”.\n\n13 Subsection 9(5)\n\nOmit “the Australian National Railways Commission, or of any other”, substitute “or any”.\n\n14 Subsection 9(5)\n\nOmit “that Commission or”, substitute “that”.\n\n15 Subsection 14(3)\n\nOmit “the Australian National Railways Commission or any other”, substitute “any”.\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n16 Schedule\n\nOmit “Australian National Railways Commission”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n17 Subsection 128A(4) (paragraph (j) of the definition of prescribed Commonwealth authority)\n\nRepeal the paragraph.\n\nTelecommunications Act 1997\n\n18 Subsection 47(2)\n\nRepeal the subsection.\n\n19 Subsection 47(6)\n\nRepeal the subsection.\n\n20 Subsection 92(2)\n\nRepeal the subsection.","sortOrder":69},{"sectionNumber":"Schedule 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Schedule 5—Miscellaneous provisions\n\nPart 1—Certain assets not to be fixtures\n\n1 Certain assets not to be fixtures\n\n(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\nNote: An asset may be specified by name, by inclusion in a specified class or in any other way.\n\n(2) The declaration has effect accordingly.\n\n  \n\nPart 2—Access to railways for defence‑related purposes etc.\n\n2 Access to railways for defence‑related purposes and for emergency or disaster relief\n\n(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:\n\n(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or\n\n(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.\n\n(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.\n\n(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.\n\n(4) A person must comply with a notice given to it under subitem (1).\n\n(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.\n\n(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.\n\n(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.\n\n(8) In this item:\n\nCommission means the Australian National Railways Commission.\n\nrailway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.\n\ndefence‑related purpose means a purpose related to any of the following:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\n(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;\n\n(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;\n\n(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.\n\n3 Compensation for access to railways for defence‑related purposes and for emergency or disaster relief\n\nDesignated agency in relation to a notice\n\n(1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.\n\n(2) If a notice under subitem 2(1) relates to either of the following purposes:\n\n(a) the defence of Australia;\n\n(b) the operation of the Australian Defence Force in connection with the defence of Australia;\n\nthe notice must specify the Department of Defence as the designated agency in relation to the notice.\n\n(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:\n\n(a) the Department of Defence; or\n\n(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;\n\nas the designated agency in relation to the notice.\n\nLiability for loss or damage\n\n(4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.\n\n(5) If:\n\n(a) the person who suffers the loss or damage; and\n\n(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);\n\ndo not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.\n\n(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).\n\n(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.\n\nCompensation—constitutional safety‑net\n\n(8) If:\n\n(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and\n\n(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n\n(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nSection 70 of the Defence Act 1903\n\n(10) This item has effect despite anything in section 70 of the Defence Act 1903.\n\nDefinitions\n\n(11) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nCommonwealth agency means:\n\n(a) a Department; or\n\n(b) an agency or instrumentality of the Commonwealth.\n\ndesignated agency, in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":70}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule 1 (Part VA, s.67AA) read with Schedule 3, Item 1","severity":"medium","reasoning":"Part VA is inserted into the ANRC Act 1983 to facilitate an orderly wind-down before abolition, yet Schedule 3 repeals the very Act into which Part VA was inserted. The survival provisions (Schedule 3, Items 4 and 4A) attempt to patch this by preserving certain sections after repeal, but this creates an awkward legal fiction where provisions of a repealed Act continue to operate — raising questions about what body of law they form part of and how courts are to interpret them in the absence of the parent Act.","confidence":0.82,"description":"The Act inserts Part VA into the Australian National Railways Commission Act 1983 for the purpose of winding down the Commission 'prior to the Commission being abolished by the repeal of this Act' — but Schedule 3 Item 1 repeals the entire Australian National Railways Commission Act 1983. The inserted Part VA is thus inserted into a host Act that is simultaneously scheduled for repeal by the same amending Act. The machinery provisions (Part VA) are embedded in a body that is being destroyed."},{"type":"circular_definition","section":"Schedule 3, Item 4","severity":"medium","reasoning":"The provision attempts to treat residual assets/liabilities 'as if' they had been transferred under Part VA while simultaneously acknowledging they were NOT transferred under Part VA (they are residual precisely because Part VA did not deal with them before repeal). The provision thus applies Part VA to a category of assets defined by their failure to be dealt with under Part VA, creating a circular legal fiction.","confidence":0.75,"description":"Item 4 provides that despite the repeal of the ANRC Act 1983, that Act 'continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.' This requires applying a repealed Act by reference to its own provisions — a form of legal bootstrapping where a dead statute is invoked to give effect to its own ghost."},{"type":"other","section":"Schedule 2, Item 10 — s.24(1)","severity":"high","reasoning":"Australian legislative drafting conventions require sequential paragraph labelling. Having two paragraphs both designated '(a)' means any cross-reference to 'paragraph (a)' of s.24(1) is ambiguous between two different persons. This is not a merely cosmetic error; it could affect the legal determination of who constitutes the Commission for quorum and decision-making purposes.","confidence":0.97,"description":"The substituted s.24(1) lists the composition of the Commission using two consecutive paragraphs both labelled '(a)': '(a) the Chairman of the Commission; (a) the Deputy Chairman of the Commission'. This is a drafting error that creates a structural absurdity — two distinct members share the same paragraph label, making the provision internally incoherent on its face."},{"type":"retroactive_impossibility","section":"Schedule 2, Item 10 — s.24(2A)","severity":"low","reasoning":"While the temporal absurdity is partially mitigated by the wind-down context, the insertion of an open-ended 'at pleasure' tenure in a Commission expressly being abolished is logically redundant and potentially misleading as to the security of tenure.","confidence":0.65,"description":"Section 24(2A) provides that Commissioners (other than the Managing Director) 'hold office during the Minister's pleasure.' This is inserted into an Act that is being wound down for abolition. Tenure 'at pleasure' is indefinite, yet the parent Act is being repealed — meaning the tenure provision is temporally absurd: Commissioners hold office at pleasure under a regime that is being extinguished."},{"type":"self_contradicting","section":"s.67AZP (Part VA)","severity":"medium","reasoning":"The combination of broad ministerial declaration powers affecting third-party rights, exemption from legislative instrument status (and thus from tabling, scrutiny and disallowance), and injunctive enforceability creates a self-contained coercive regime that bypasses the normal checks of the Legislative Instruments Act. The contrast with s.67AZR(3) — which makes State agreement notices disallowable instruments — makes the exclusion in s.67AZP appear inconsistent in principle.","confidence":0.72,"description":"Section 67AZP declares that instruments made under Part VA are not legislative instruments for the purposes of the Legislative Instruments Act 1997. Many of the declarations under Part VA (e.g., vesting declarations under ss.67AE, 67AF, 67AG, 67AH, 67AM, 67AN, 67AP) affect the rights of third parties, including creditors and counterparties to contracts, without parliamentary scrutiny. Simultaneously, s.67AZD allows the Federal Court to grant injunctions for contraventions of the Part. This creates a regime where instruments with coercive public effect are exempt from disallowance but enforceable by injunction — a structural tension between accountability and enforceability."},{"type":"impossible_compliance","section":"s.67AZQ (Part VA)","severity":"high","reasoning":"The deemed payment fiction under s.67AZQ operates for the purposes of the Australian Land Transport Development Act 1988, which has its own consequences. Treating a nil-consideration transfer as a deemed payment of market value for statutory purposes, with no actual appropriation or accounting mechanism in this Act to give effect to that fiction, creates a compliance impossibility: the Commission cannot actually 'pay' what it is deemed to have paid, and the Act provides no mechanism for resolving the gap between the fiction and reality.","confidence":0.78,"description":"Section 67AZQ provides that where the Commission disposes of an asset under Part VA, it is taken to have paid to the Commonwealth 'an amount equal to the greater of the proceeds of the sale or disposal and the market value of the asset.' Under s.67AE, assets can vest in persons without any consideration (s.67AJ confirms declarations can be made without consideration). If an asset is transferred for nil consideration under s.67AE and its market value is, say, $10 million, the Commission is deemed to have paid $10 million to the Commonwealth — even though no money changed hands. This creates a fiction of payment that has no corresponding actual financial transaction."},{"type":"self_contradicting","section":"s.67AS(2) (Part VA) — Tax exemption override","severity":"medium","reasoning":"The section is self-contradicting: it grants a statutory tax exemption and simultaneously grants the executive unlimited power to nullify that exemption for any or all transactions. Combined with s.67AZP (which removes these declarations from the Legislative Instruments Act), the Minister's override declaration is unreviewable by Parliament. This also raises a constitutional question under s.55 of the Constitution about executive override of tax exemptions, though s.67AZX attempts to address this.","confidence":0.7,"description":"Section 67AS(1) exempts 'exempt matters' from stamp duty and other taxes. Section 67AS(2) allows the Minister for Finance to declare that the exemption 'does not apply in respect of a specified exempt matter.' This means the Minister can unilaterally reimpose tax liability on transactions that Parliament has exempted — effectively allowing the executive to override a legislative tax exemption without any procedural safeguard, disallowance mechanism, or constraint on the exercise of the power."},{"type":"other","section":"Schedule 3, Item 4 read with s.67AZL (Part VA)","severity":"low","reasoning":"The interaction between the automatic vesting mechanism in Schedule 3 Item 3 and the deemed Part VA treatment in Item 4 creates ambiguity about which protective provisions (like s.67AZL and s.67AZS) apply to residual asset transfers. This could affect compensation rights.","confidence":0.6,"description":"Section 67AZL provides that the Lands Acquisition Act 1989 does not apply to anything done under Part VA. Schedule 3, Item 4 then applies Part VA (including s.67AZL) to residual assets after the ANRC Act 1983 is repealed. This means the Lands Acquisition Act exclusion is also preserved post-repeal for residual assets — but the residual assets vest automatically by force of Item 3(1) of Schedule 3, not under Part VA. Item 4 then retrospectively deems them to have been transferred under Part VA. It is unclear whether the s.67AZL exclusion applies to the automatic vesting under Item 3(1) or only to subsequent dealings."}],"contradictions":[{"severity":"medium","section_a":"s.67AG(1) (Part VA) — Transfer of liabilities by declaration excludes Commonwealth guaranteed liabilities","section_b":"Schedule 3, Item 3(2) — All residual liabilities become Commonwealth liabilities on repeal day","confidence":0.68,"description":"Section 67AG(1) explicitly prohibits the transfer of Commonwealth guaranteed liabilities to any person other than the Commonwealth (they can only be dealt with under s.67AH). However, Schedule 3, Item 3(2) transfers ALL residual liabilities — without exception — to the Commonwealth on repeal day. This appears consistent for Commonwealth guaranteed liabilities (they go to the Commonwealth anyway), but Item 4 then applies Part VA to those residual liabilities 'as if' they had been transferred under s.67AE or 67AG. Applying s.67AG to Commonwealth guaranteed liabilities contradicts the explicit exclusion in s.67AG(1), and applying s.67AE (asset transfer) to liabilities is categorically inapplicable."},{"severity":"medium","section_a":"Schedule 2, Item 13 — s.34(6): quorum is 'half of the Commissioners'","section_b":"Schedule 2, Item 10 — s.24(1): Commission composition includes Chairman, Deputy Chairman, Managing Director, plus others","confidence":0.85,"description":"The substituted s.34(6) sets quorum at 'half of the Commissioners' — a fractional formulation that is indeterminate when the number of Commissioners is odd. The substituted s.24(1) provides for at least three fixed positions (Chairman, Deputy Chairman, Managing Director) plus an unspecified number of others appointed by the Minister. If the total number of Commissioners is odd (e.g., 3 or 5), 'half' produces a non-integer, making the quorum provision unworkable without a rounding rule that the Act does not provide."},{"severity":"medium","section_a":"s.74 (as amended by Schedule 2, Item 22) — Crown not bound by State/Territory laws generally","section_b":"s.74A(1) (inserted by Schedule 2, Item 23) — Commission subject to railway safety laws","confidence":0.75,"description":"Section 74 (as amended) preserves the Commission's immunity from State/Territory laws 'other than a law that specifically relates to the safety in the operation of railways.' Section 74A(1) then confirms the Commission is subject to such safety laws. However, s.74A(2) extends the safety law obligation to successor operators for ALL laws relating to railway operation — a much broader obligation than the safety-only carve-out applicable to the Commission itself. This creates a direct contradiction: the Commission (Crown entity) is only subject to safety laws, while private successor operators are subject to all railway operation laws, yet s.74A(3)-(4) allows the Minister to exempt those same successor operators for up to 6 months. The regulatory burden thus potentially inverts: successors face broader obligations than the Crown entity they replace, subject to temporary ministerial exemption."},{"severity":"medium","section_a":"s.67AZU(d) (Part VA) — Operation of Part does not release sureties","section_b":"s.67AG and s.67AP — Liabilities transferred away from original obligor by declaration","confidence":0.72,"description":"Section 67AZU(d) provides that the operation of Part VA does not release any surety from obligations relating to a transferred liability. However, ss.67AG and 67AP allow the Minister to transfer liabilities away from the Commission (and subsequently from the Commonwealth) to third parties by unilateral declaration, without the consent of the surety. A surety's obligations are typically defined by reference to the principal debtor's obligations and the identity of the creditor. Transferring the liability by declaration changes the legal relationship in ways that, under general law, could discharge a surety — yet s.67AZU(d) purports to override this. This is a direct tension between the statutory override of general surety law and the commercial reality that sureties contract with specific parties in mind."},{"severity":"high","section_a":"s.2(5) — Remaining Schedule 3 and 4 items commence no earlier than the later of the s.2(2) and s.2(3) proclaimed days","section_b":"s.2(2) and s.2(3) — Commencement of SA and Tasmania items conditional on State ministerial agreement","confidence":0.88,"description":"Section 2(5) makes the 'remaining items' of Schedules 3 and 4 (including the core repeal of the ANRC Act in Schedule 3, Item 1) contingent on BOTH the SA and Tasmania proclamation days having occurred. This means the entire Commission abolition is held hostage to both State governments agreeing. If either SA or Tasmania never agrees, Items 7-11 of Schedule 3 (State-specific railway repeals) are never proclaimed, and consequently the 'remaining items' — including the core repeal — can never commence under s.2(5). The Commonwealth Parliament has thus made the abolition of its own statutory authority potentially permanently contingent on the agreement of State governments, with no fallback mechanism or sunset clause."},{"severity":"low","section_a":"Schedule 3, Item 3(1) — Residual assets vest in Commonwealth on repeal day","section_b":"s.67AZL (Part VA) — Lands Acquisition Act 1989 does not apply to Part VA","confidence":0.58,"description":"The Lands Acquisition Act 1989 is excluded by s.67AZL for transfers under Part VA. However, the automatic vesting of residual assets (including land) under Schedule 3, Item 3(1) occurs by direct statutory force, not 'under' Part VA. Item 4 then deems residual assets to have been transferred under s.67AE or 67AG — but this is a retrospective fiction applied after vesting has already occurred by force of Item 3. It is unclear whether the Lands Acquisition Act exclusion in s.67AZL applies to the Item 3 vesting, leaving open the possibility that the Lands Acquisition Act applies to at least the initial compulsory vesting, potentially triggering just terms compensation obligations that s.67AZS is designed to manage but which may not fully cover the Item 3 mechanism."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"While the core purpose — selling off the ANRC — remained consistent, the Act's scope expanded significantly beyond a simple asset sale. It includes an extensive post-privatisation regulatory framework (defence railway access with compensation mechanisms), state-level intergovernmental railway agreement provisions requiring South Australian and Tasmanian ministerial consent, broad override of third-party contractual rights (no-breach provisions), ongoing obligations on private successor operators regarding railway safety laws, and preservation of the Commonwealth's supervisory role via ministerial directions. These elements go well beyond a straightforward commercial privatisation and represent a broader restructuring of the national railway regulatory landscape."},"complexity_factors":["Multi-stage commencement provisions dependent on inter-governmental agreements with South Australia and Tasmania, creating a staggered and conditional timeline","Two-step asset transfer mechanism (Commission → Commonwealth → private buyer) with separate legal declarations required at each stage","Amends the principal ANRC Act, repeals six separate Acts, and amends 10+ other Acts simultaneously across five schedules","Highly technical property law concepts including vesting by declaration without conveyance, successor-in-law status, and contingent/prospective assets and liabilities","Special treatment of different liability categories (Commonwealth-guaranteed vs ordinary) with different transfer pathways and ministerial authority","Broad ministerial discretion (Finance Minister and Treasurer) exercised through non-legislative instruments, raising accountability complexity","Constitutional law overlay — explicit s51(xxxi) just terms compensation safety net and s55 taxation prohibition carve-outs","Interaction with numerous other Commonwealth Acts (Loans Securities Act 1919, Lands Acquisition Act 1989, Archives Act 1983, Legislative Instruments Act 1997, etc.) requiring cross-referencing","Preservation of regulatory obligations (state railway safety laws) for private successors with time-limited ministerial exemption power","Defence access rights regime with designated agency compensation framework creating an ongoing obligation on private operators post-privatisation"],"plain_english_summary":"## What This Law Does\n\nThis Act winds up and sells off the **Australian National Railways Commission (ANRC)** — the federal government body that used to run national rail services. Think of it as the legal machinery for shutting down a major government business and handing its pieces to private buyers or the states.\n\n## Who Does It Affect?\n\n- **Former ANRC employees and contractors** — their employment arrangements and contracts were transferred to whoever took over the assets\n- **South Australia and Tasmania** — special provisions cover railways in those states, and those state governments had to agree before certain parts of the law could kick in\n- **Private buyers** of railway assets — they picked up trains, land, infrastructure and contracts\n- **Creditors and people who had contracts with ANRC** — their debts and agreements followed the assets to whoever took them over\n- **Anyone who uses former ANRC railways** (now private operators) — the law preserved the Commonwealth's right to access railways for defence emergencies\n- **Taxpayers generally** — the Commonwealth absorbed ANRC's debts that were government-guaranteed before selling off the rest\n\n## What the Law Actually Does\n\n**Transfers assets:** The Finance Minister could order the ANRC to sell or hand over any of its assets (land, trains, infrastructure, contracts) — to private companies, states, or first to the Commonwealth itself as a stepping stone.\n\n**Wipes out debts cleanly:** Government-guaranteed debts (money ANRC owed that the Commonwealth had backed) were transferred directly to the Commonwealth. Other debts could be passed on to whoever bought the relevant assets.\n\n**Abolishes the ANRC:** The original ANRC Act (1983) is repealed, along with a bunch of related railway agreement laws. Any leftover assets and liabilities the ANRC still held at the moment of abolition automatically became Commonwealth property.\n\n**Protects buyers from legal traps:** When assets were transferred, no one could claim the transfer itself put them in breach of contract, triggered early repayment clauses, or released guarantors from their obligations. This prevents the sale process from causing a legal pile-up.\n\n**Tax breaks:** Stamp duty (a tax on property transactions) and similar taxes were waived for transfers under this Act — making the sale financially smoother.\n\n**Defence access:** Even after privatisation, the government kept the right to demand that private operators give priority access to the railways for defence, disaster relief, or United Nations peacekeeping purposes. The Commonwealth must pay compensation if this causes the operator loss.\n\n**Constitutional safety net:** If anyone's property was taken without fair payment (which the Constitution requires), the Commonwealth had to pay fair compensation.\n\n## The Big Picture\n\nThis is part of the 1990s wave of privatising Commonwealth-owned businesses. The ANRC ran railways across several states, and this law provided the complete legal toolkit to wind it down, sell the pieces, clean up the debts, and ensure the transition didn't create a legal mess for buyers or people who had contracts with the old Commission."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Australian National Railways Commission Act 1983 established a government-owned commission to operate railways nationally. This Sale Act fundamentally changes the scope by providing for the complete winding down, sale, and dissolution of the Commission, along with repealing the original Act and several related railway agreements. The purpose shifts from operating railways to transferring assets out of government hands."},"complexity_factors":["Length: over 100 pages of dense text across 5 schedules","47 defined terms in the interpretation section of Part VA","Multiple cross-references between schedules and to other Acts (e.g., Loans Securities Act 1919, Defence Act 1903)","Staggered commencement: some items require proclamation and state approval","Nested exceptions and conditions (e.g., Division 6 tax exemption has extensive list of 'exempt matter')","Detailed declaration mechanisms for transfer of assets, contracts, and liabilities","Injunctive powers with relaxed requirements (no undertaking as to damages)","Constitutional safety net for compensation complicates property dealings"],"plain_english_summary":"This Act winds down and sells off the Australian National Railways Commission (ANRC), a government-owned railway operator. It gives the Minister for Finance power to direct the ANRC to sell or transfer its assets, contracts, and liabilities to private buyers, state governments, or the Commonwealth. The proceeds from sales go to the Commonwealth. The Act also exempts these transactions from stamp duty and other taxes, allows the Commonwealth to take over the ANRC's debts, and eventually repeals the ANRC Act and several related railway agreements. This affects employees, contractors, and rail users as the government exits the railway business, transferring operations to private or state hands. The Act includes provisions for defence access to former ANRC railways and a constitutional safety net for property acquisition."},"kimi_summary":{"_metrics":{"completionTokens":721},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: the privatisation and winding down of the Australian National Railways Commission. While it includes extensive consequential amendments to other Acts and detailed machinery provisions for asset transfers, these are all ancillary to the core objective of dismantling the Commission and selling its assets. The scope has not expanded beyond this privatisation framework."},"complexity_factors":["Multiple overlapping schedules (5 schedules) with conditional commencement dates requiring ministerial certificates from state governments","Extensive cross-referencing between the new Part VA and existing ANRC Act provisions","Complex two-step transfer mechanism: Commission → Commonwealth → third parties, with different rules for each step","16 defined terms in interpretation section, including broad definitions like 'asset' covering 'any legal or equitable estate or interest...whether actual, contingent or prospective'","Nested exceptions and conditional logic: Commonwealth-guaranteed liabilities treated differently from other liabilities; defence access provisions with multiple triggering conditions","Constitutional safety-net provisions (s 67AZS) requiring interpretation of 'acquisition of property' and 'just terms' from Constitution s 51(xxxi)","Multiple delegation pathways and administrative mechanisms (Gazette publication, certificates, land registration officials)","Interaction with 10+ other Commonwealth Acts requiring amendments or repeals"],"plain_english_summary":"**What this legislation does:**\n\nThis Act privatises and dismantles the Australian National Railways Commission (ANRC), a Commonwealth government body that operated railways across Australia. It creates a comprehensive framework to sell off the Commission's assets, transfer its liabilities, and ultimately abolish the Commission entirely.\n\n**Key features:**\n\n- **Asset sales and transfers:** The Minister for Finance can direct the Commission to sell or transfer any of its assets (land, equipment, contracts, etc.) to private buyers or other entities. Assets can also be transferred to the Commonwealth first, then on-sold.\n\n- **Liability handling:** The Commonwealth takes over any debts or obligations guaranteed by the government. Other liabilities can be transferred to buyers along with assets.\n\n- **Tax exemptions:** Sales and transfers under this scheme are exempt from stamp duty and other taxes, making privatisation cheaper for buyers.\n\n- **Abolition of the Commission:** The ANRC Act 1983 is repealed, along with six other railway-related Acts. Any remaining assets or liabilities automatically become Commonwealth property.\n\n- **Defence access:** The government retains power to demand priority access to privatised railways for defence purposes, emergencies, or disaster relief, with compensation payable for any losses caused.\n\n- **State agreements:** Special provisions allow land transfers to South Australia and Tasmania, and termination of historical railway agreements with those states.\n\n**Who it affects:**\n\n- Former ANRC employees and commissioners\n- Private companies buying railway assets\n- State governments (particularly SA and Tasmania)\n- Communities where railways were operated\n- Taxpayers (through liability guarantees and compensation provisions)\n\n**Why it matters:**\n\nThis was a major privatisation of public infrastructure, transferring government-owned railways to private hands. It includes constitutional safeguards requiring \"just terms\" compensation if property is acquired, and ensures the Commonwealth can still access railways for national security even after sale."}},"importantCases":[],"_links":{"self":"/api/acts/australian-national-railways-commission-sale-act-1997","history":"/api/acts/australian-national-railways-commission-sale-act-1997/history","analysis":"/api/acts/australian-national-railways-commission-sale-act-1997/analysis","conflicts":"/api/acts/australian-national-railways-commission-sale-act-1997/conflicts","importantCases":"/api/acts/australian-national-railways-commission-sale-act-1997/important-cases","documents":"/api/acts/australian-national-railways-commission-sale-act-1997/documents"}}