{"id":"C2004A04643","name":"CSL Sale Act 1993","slug":"csl-sale-act-1993","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"88 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38534,"registerId":"commonwealth-C2004A04643-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Short title and commencement","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.","sortOrder":3},{"sectionNumber":"Division 2","sectionType":"division","heading":"Interpretation","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"The sale day","content":"#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.","sortOrder":6},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional and saving provisions","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":7},{"sectionNumber":"15","sectionType":"section","heading":"Interpretation","content":"#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.","sortOrder":9},{"sectionNumber":"16","sectionType":"section","heading":"Long service leave for employees with less than 10 years service","content":"#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.","sortOrder":10},{"sectionNumber":"17","sectionType":"section","heading":"Payments in lieu of long service leave for employees with less than 10 years service","content":"#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Payments on the death of an employee","content":"#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |","sortOrder":12},{"sectionNumber":"19","sectionType":"section","heading":"Employee’s long service leave credit for the purposes of sections 16 and 17","content":"#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.","sortOrder":13},{"sectionNumber":"20","sectionType":"section","heading":"Division not to affect an employee’s post‑sale long service leave rights","content":"#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Saving—Long Service Leave Act","content":"#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Interpretation","content":"#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.","sortOrder":17},{"sectionNumber":"23","sectionType":"section","heading":"Continued application of SRC Act","content":"#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.","sortOrder":18},{"sectionNumber":"24","sectionType":"section","heading":"Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees","content":"#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.","sortOrder":19},{"sectionNumber":"25","sectionType":"section","heading":"Transitional provisions relating to Division 4A of Part VII of the SRC Act","content":"#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.","sortOrder":20},{"sectionNumber":"26","sectionType":"section","heading":"Transitional provision relating to Part VIIIA of the SRC Act","content":"#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.","sortOrder":21},{"sectionNumber":"27","sectionType":"section","heading":"Transitional provision relating to section 128A of the SRC Act","content":"#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.","sortOrder":22},{"sectionNumber":"28","sectionType":"section","heading":"Notification of amount of salary etc. paid to employees of a CSL body","content":"#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.","sortOrder":23},{"sectionNumber":"29","sectionType":"section","heading":"Refund of licence fee paid under the SRC Act","content":"#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.","sortOrder":24},{"sectionNumber":"30","sectionType":"section","heading":"Amendment of declarations under the SRC Act","content":"#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Transitional and saving provisions in relation to superannuation and other retirement benefits","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Saving—deferred benefits under the Superannuation Act 1922","content":"#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Saving—deferred benefits under the Superannuation Act 1976","content":"#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976","content":"#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Saving—deferred benefits under the DFRDB Act","content":"#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act","content":"#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Application—Superannuation Act 1922","content":"#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Application—Superannuation Act 1976","content":"#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Application—Superannuation Act 1990","content":"#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.","sortOrder":34},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other transitional and saving provisions","content":"An Act relating to the sale of CSL Limited, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Short title and commencement\n\n#### 1 Short title\n\n  This Act may be cited as the CSL Sale Act 1993.\n\n#### 2 Commencement\n\n  (1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.\n  (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.\n  (3) Sections 5 and 6 are taken to have commenced on 22 February 1991.\n  (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.\n\n### Division 2—Interpretation\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.\n\n> CSL body means CSL or a CSL subsidiary.\n\n> CSL subsidiary means a body corporate that is a subsidiary of CSL.\n\n> Corporations Law means the Corporations Law of a State or an internal Territory.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> employee includes apprentice.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.\n\n> sale day is the day declared under section 4.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> voting share has the same meaning as in the Corporations Law.\n\n  (2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.\n\n#### 4 The sale day\n\n  (1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.\n  (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n  (3) The notice must be published within 14 days after the specified day.\n\n## Part 6—Transitional and saving provisions\n\n### Division 1—Transitional and saving provisions in relation to long service leave\n\n#### 15 Interpretation\n\n  (1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.\n  (2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.\n\n#### 16 Long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (5) If:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;\n  the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).\n  (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.\n  (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.\n  (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.\n\n#### 17 Payments in lieu of long service leave for employees with less than 10 years service\n\n  (1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.\n  (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.\n  (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (5) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (6) Subject to subsection (7), if:\n    (a) the employee stops being an employee of a CSL body; and\n    (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n  the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).\n  (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:\n    (a) ask the CSL body not to make a payment to the employee under this section; or\n    (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.\n  (8) The CSL body must comply with the request made under subsection (7).\n  (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.\n\n#### 18 Payments on the death of an employee\n\n  (1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n  (2) If, on or after the sale day, the employee died and immediately before his or her death:\n    (a) the employee was an employee of a CSL body; and\n    (b) the employee’s combined service period was at least one year; and\n    (c) the employee had one or more dependants;\n  the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.\n  (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.\n  (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:\n    (a) that section applied to an employee of a CSL body; and\n    (b) a reference in that section to the approving authority were a reference to the CSL body; and\n    (c) the section were further modified as set out in the following table:\n\nTABLE\n\n| Provision                 | Omit this expression      | Insert this expression              |\n| ------------------------- | ------------------------- | ----------------------------------- |\n| section 23                | this Act                  | section 18 of the CSL Sale Act 1993 |\n| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |\n\n#### 19 Employee’s long service leave credit for the purposes of sections 16 and 17\n\n  (1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n    (a) starting when the employee started his or her period of service; and\n    (b) ending on the sale day;\n  if the employee had been retrenched on the sale day.\n  (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.\n\n#### 20 Division not to affect an employee’s post‑sale long service leave rights\n\n  To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.\n\n#### 21 Saving—Long Service Leave Act\n\n  If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:\n    (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and\n    (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.\n\n### Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988\n\n#### 22 Interpretation\n\n  Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.\n\n#### 23 Continued application of SRC Act\n\n  If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.\n\n#### 24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees\n\n  (1) The SRC Act continues to apply on and after the sale day in relation to:\n    (a) injuries suffered by employees of a CSL body before the sale day; and\n    (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day;\n  including employees who have stopped being employees of a CSL body before the sale day.\n  (2) For the purposes of subsection (1), the SRC Act continues to apply as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.\n\n#### 25 Transitional provisions relating to Division 4A of Part VII of the SRC Act\n\n  (1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:\n    (a) the CSL body continues to be a Commonwealth authority; and\n    (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and\n    (c) the following word and paragraph were added at the end of subsection 96H(1):\n    “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.\n  (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.\n\n#### 26 Transitional provision relating to Part VIIIA of the SRC Act\n\n  On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.\n\n#### 27 Transitional provision relating to section 128A of the SRC Act\n\n  On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.\n\n#### 28 Notification of amount of salary etc. paid to employees of a CSL body\n\n  (1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.\n  (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.\n\n#### 29 Refund of licence fee paid under the SRC Act\n\n  (1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:\n  ![](image.002.png)\n  where:\n\n> Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.\n\n  (3) In this section:\n\n> licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.\n\n#### 30 Amendment of declarations under the SRC Act\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.\n\n### Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits\n\n#### 31 Saving—deferred benefits under the Superannuation Act 1922\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n  (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 32 Saving—deferred benefits under the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976.\n  (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 34 Saving—deferred benefits under the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n  (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body.\n  (3) This section is subject to Division 3 of Part IX of the DFRDB Act.\n\n#### 35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act\n\n  (1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.\n  (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 36 Application—Superannuation Act 1922\n\n  On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.\n\n#### 37 Application—Superannuation Act 1976\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 38 Application—Superannuation Act 1990\n\n  On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 4—Other transitional and saving provisions\n\n#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.\n\n#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.\n\n#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.\n\n#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.\n\n#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.\n\n#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.\n\n## Part 7—Other provisions relating to the sale of CSL\n\n#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.\n\n#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.\n\n#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.\n\n#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.\n\n#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.\n\n#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day","content":"#### 39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day","content":"#### 40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day\n\n  (1) This section applies if:\n    (a) immediately before the sale day, a person was a female employee of CSL; and\n    (b) on the sale day, the person is on leave granted under the Maternity Leave Act.\n  (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Saving—Crimes (Superannuation Benefits) Act 1989","content":"#### 41 Saving—Crimes (Superannuation Benefits) Act 1989\n\n  (1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority.\n  (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day.\n  (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.\n  (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth.\n  (5) If:\n    (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and\n    (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;\n  then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n  (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Saving—Commonwealth Serum Laboratories Act 1961","content":"#### 42 Saving—Commonwealth Serum Laboratories Act 1961\n\n  Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Saving—DPP Act","content":"#### 43 Saving—DPP Act\n\n  (1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:\n    (a) acts or omissions that occurred before the sale day; and\n    (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).\n  (2) In this section:\n\n> DPP Act means the Director of Public Prosecutions Act 1983.","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Saving—Judiciary Act 1903","content":"#### 44 Saving—Judiciary Act 1903\n\n  (1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to:\n    (a) any proceedings to which CSL is a party that were started before the commencement of this section; and\n    (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and\n    (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL;\n  as if CSL were a body established by an Act.\n  (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.\n  (3) In this section:\n\n> authorised person means:\n\n    (a) the Secretary of the Attorney‑General’s Department; or\n    (b) an SES employee, or acting SES employee, in that Department.","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Saving—Proceeds of Crime Act 1987","content":"#### 45 Saving—Proceeds of Crime Act 1987\n\n  (1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE.\n  (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.","sortOrder":42},{"sectionNumber":"Part 7","sectionType":"part","heading":"Other provisions relating to the sale of CSL","content":"## Part 7—Other provisions relating to the sale of CSL","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"CSL not to be established by or under an Act or established by the Commonwealth","content":"#### 46 CSL not to be established by or under an Act or established by the Commonwealth\n\n  (1) On and after the sale day, CSL is not taken for the purposes of a law to be:\n    (a) established by or under an Act; or\n    (b) established by the Commonwealth;\n  unless a law expressly provides otherwise.\n  (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section.\n  (3) In subsections (1) and (2):\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; and\n    (b) regulations or other instrument made under such an Act.","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Exemption from State and Territory taxes and fees","content":"#### 47 Exemption from State and Territory taxes and fees\n\n  (1) No tax is payable under a law of a State or a Territory in respect of:\n    (a) an exempt matter; or\n    (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.\n  (2) An authorised person may in writing certify that:\n    (a) a specified matter or thing is an exempt matter; or\n    (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.\n  (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.\n  (4) In this section:\n\n> authorised person means:\n\n    (a) the Minister; or\n    (b) the Secretary of the Department; or\n    (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\n> exempt matter means:\n\n    (a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or\n    (b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or\n    (c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or\n    (d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or\n    (e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or\n    (f) the operation of this Act.\n\n> tax means:\n\n    (a) stamp duty or any other tax; and\n    (b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);\n  but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Regulations connected with the sale of CSL","content":"#### 48 Regulations connected with the sale of CSL\n\n  (1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n    (a) are connected with the sale of CSL; and\n    (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and\n    (c) are expressed to take effect on the sale day.\n  (2) Regulations covered by subsection (1) take effect on the sale day.","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Cessation of mobility rights","content":"#### 49 Cessation of mobility rights\n\n  (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day.\n  (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then:\n    (a) the Officers’ Rights Declaration Act 1928; and\n    (b) Division 4 of Part IV of the Public Service Act 1922;\n  stop applying to the employee on the sale day.","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991","content":"#### 50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991\n\n  (1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula:\n  ![](image.003.png)\n  where:\n\n> Contribution means the contribution paid by the CSL body in respect of that financial year.\n\n> No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990","content":"#### 51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n  (1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body.\n  (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister.\n  (4) In subsection (3):\n\n> Minister has the same meaning as in the Supervisory Mechanisms Act.","sortOrder":49}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (definition of 'CSL')","severity":"medium","reasoning":"Section 3 defines 'CSL' as the body corporate known before the sale day as CSL Limited. Section 3 also defines 'sale day' as the day declared under section 4. Section 4(2) defines the sale day as the day on which a majority of voting shares in 'CSL' are acquired. To know what 'CSL' is, you need the sale day; to identify the sale day, you need to know what 'CSL' is. In practice this is resolvable by common sense, but it is a genuine logical circularity in the drafting.","confidence":0.72,"description":"Circular/bootstrap definition problem: 'CSL' is defined by reference to the body corporate 'known before the sale day as CSL Limited', but the 'sale day' is itself defined by reference to when voting shares in 'CSL' are acquired. The definition of 'sale day' requires knowing what 'CSL' is, and the definition of 'CSL' requires knowing when the 'sale day' is."},{"type":"retroactive_impossibility","section":"2(3)","severity":"medium","reasoning":"A 1993 Act cannot literally 'commence' in February 1991 in any meaningful sense — the Parliament had not yet enacted it. While retrospective deeming provisions are not uncommon, the wording 'are taken to have commenced on 22 February 1991' is a legal fiction that creates logical impossibility: law cannot operate before it exists. Any rights or obligations purportedly arising under sections 5 and 6 from that date would have been legally unenforceable at the time they are deemed to have arisen.","confidence":0.65,"description":"Sections 5 and 6 are deemed to have commenced on 22 February 1991, which is before the Act was passed in 1993. The Act purports to give legal effect to provisions that pre-date not only the Act's Royal Assent but also this Parliament's consideration of it, imposing retrospective legal consequences from a date nearly two years before the legislation existed."},{"type":"circular_definition","section":"2(4)","severity":"low","reasoning":"Section 2(4) applies to 'a provision of this Act' that has not commenced by 31 December 1994. Section 2(4) is itself a provision of this Act. If for some reason Part 1 were interpreted not to have commenced, s.2(4) could operate to repeal itself, which is a self-defeating logical structure.","confidence":0.45,"description":"The sunset/repeal provision creates a paradox: if a provision has not commenced before 31 December 1994, it is 'taken to have been repealed on that day'. This means section 2(4) itself — a provision of this Act — could theoretically be subject to its own operation and deemed repealed if it had not 'commenced'. Part 1 (which includes s.2) does commence on Royal Assent, so it is likely safe in practice, but the self-referential potential of the provision is logically awkward."},{"type":"impossible_compliance","section":"16(7)","severity":"medium","reasoning":"Long service leave 'granted in the circumstances set out in subsection (5)' must end immediately before the employee stops being an employee. In a retrenchment scenario, the employer typically determines the termination date. The employee would need to take leave for a period calculated in advance that ends exactly on the day before termination — logistically very difficult and potentially impossible if retrenchment is sudden. The provision does not explain how leave taken prospectively can be perfectly calibrated to end immediately before termination.","confidence":0.7,"description":"Section 16(7) requires that long service leave granted under s.16(5) (where an employee leaves on or after reaching minimum retirement age or due to retrenchment) must be 'taken so as to end immediately before the employee stops being an employee'. This is practically impossible in the retrenchment scenario: an employee being retrenched cannot prospectively take leave that ends immediately before termination if the termination is not under the employee's control and the leave period may span weeks or months that would have to be retroactively arranged."},{"type":"other","section":"29","severity":"high","reasoning":"The refund formula referenced in s.29(1) appears to be contained in an image placeholder (image.002.png) and the section then jumps to subsection (3) for definitions. There is no subsection (2). Either the formula image is substituting for what should be subsection (2) content, or subsection (2) has been omitted entirely. Either way, the numbering creates confusion about what the complete operative content of the section is.","confidence":0.82,"description":"Section 29 is missing subsection (2). The section jumps from subsection (1) to subsection (3), with no subsection (2) present. This creates an incomplete and potentially unworkable provision, as there may be an entire operative subsection absent from the Act."},{"type":"self_contradicting","section":"41(1)","severity":"medium","reasoning":"Subsection 41(1) refers to 'the Crimes (Superannuation Benefits) Act 1988' while subsections 41(2), (3), (4) and (5) all correctly refer to 'the Crimes (Superannuation Benefits) Act 1989'. This internal inconsistency within section 41 means it is unclear whether subsection (1) is applying a different (non-existent or different) Act, or whether this is simply a typographical error. If it is the latter, it creates legal uncertainty about the operative saving provision.","confidence":0.9,"description":"Section 41(1) purports to apply the 'Crimes (Superannuation Benefits) Act 1988' but the Act is correctly cited elsewhere in section 41 as the 'Crimes (Superannuation Benefits) Act 1989'. The inconsistency in the year of the Act (1988 vs 1989) within the same section creates ambiguity about which Act actually applies."},{"type":"other","section":"4(1) and 4(3)","severity":"medium","reasoning":"Sections 8 to 46 and 48 to 53 commence on the sale day. The sale day is the day declared under section 4. But the notice declaring that day need only be published within 14 days after it. This means on the actual sale day itself, there is no Gazette notice yet. Parties relying on the commencement of those sections on the sale day cannot know with legal certainty that the sale day has been declared. The Act's operative provisions effectively commence before they are formally declared to commence.","confidence":0.78,"description":"The Finance Minister is required under s.4(1) to declare the sale day, but under s.4(3) the notice must be published within 14 days after 'the specified day'. This means the notice is published after the sale day has already occurred. Many provisions of the Act commence 'on the sale day' (s.2(2)), yet the sale day is only legally identified by the Gazette notice which is published up to 14 days later. The Act therefore operates in a legal vacuum for up to 14 days during which the sale day has factually occurred but has not been legally declared."},{"type":"other","section":"17(7) and 17(8)","severity":"low","reasoning":"The mechanism under s.17(7) and (8) creates a mandatory obligation on the employer to NOT pay the employee when asked. While the legislature may have intended this as flexibility, it structurally undermines the mandatory payment obligations in s.17(4)-(6) and may conflict with general employment law principles against contracting out of statutory minimums. The combination of 'must pay' in s.17(4)-(6) and 'must not pay if asked' in s.17(7)-(8) is an internal structural oddity.","confidence":0.55,"description":"Section 17(7)-(8) allows an employee to request, before stopping employment, that the CSL body not pay them (or pay less than) their mandatory entitlement under s.17(4), (5) or (6), and the CSL body 'must comply'. This enables an employee to unilaterally waive a statutory monetary entitlement, which is contrary to the general principle that minimum statutory entitlements cannot be waived. An employer being legally obliged to comply with an employee's request to not be paid what they are owed is an unusual and potentially self-defeating provision."}],"contradictions":[{"severity":"high","section_a":"41(1)","section_b":"41(2), 41(3), 41(4), 41(5)","confidence":0.92,"description":"Section 41(1) refers to the 'Crimes (Superannuation Benefits) Act 1988' while all other subsections of section 41 refer to the 'Crimes (Superannuation Benefits) Act 1989'. The Act cited in subsection (1) differs by year from the Act cited in the remaining subsections of the same section, creating an internal contradiction about which statute is being applied."},{"severity":"medium","section_a":"2(2) (commencement of ss.8-46 on sale day)","section_b":"4(3) (notice to be published within 14 days after sale day)","confidence":0.75,"description":"Sections 8 to 46 are stated to commence on the sale day, but the sale day is only legally identified by a Gazette notice that may be published up to 14 days after the sale day occurs. This creates a contradiction: the provisions commence on a day that has not yet been legally declared at the time of commencement."},{"severity":"low","section_a":"42 (saving of s.40 of CSL Act 1961 where Commonwealth owns majority of shares)","section_b":"46(1) (CSL not taken to be established by Commonwealth on and after sale day)","confidence":0.6,"description":"Section 42 preserves the operation of the Commonwealth Serum Laboratories Act 1961 s.40 for financial years in which the Commonwealth owns a majority of voting shares — implying Commonwealth ownership of majority shares is possible after the sale day. Section 46(1) declares CSL is not to be taken to be established by the Commonwealth on and after the sale day. These provisions pull in different directions: s.42 contemplates ongoing Commonwealth majority ownership post-sale while s.46 severs the Commonwealth connection. Section 46(2) partially addresses this by carving out the CSL Act 1961, but the tension between Commonwealth majority ownership (s.42) and the complete severing of Commonwealth establishment status (s.46) creates a conceptual contradiction."},{"severity":"low","section_a":"17(4)-(6) (mandatory payment obligations)","section_b":"17(7)-(8) (employee can direct no payment be made and employer must comply)","confidence":0.65,"description":"Sections 17(4), (5) and (6) impose a mandatory obligation ('must pay') on CSL bodies to make payments to employees. Sections 17(7) and (8) allow an employee to request non-payment and require the CSL body to comply with that request. This creates a direct contradiction: the CSL body both must pay and must not pay (if so requested), with no clear principle resolving which obligation prevails beyond the employee's personal choice."},{"severity":"medium","section_a":"16(5) (long service leave may be granted where combined service period at least 1 year)","section_b":"17(5) (payment in lieu must be made where combined service period at least 1 year)","confidence":0.68,"description":"Sections 16(5) and 17(5) apply to the same class of employees (those who stop employment on or after minimum retiring age or due to retrenchment with at least 1 year combined service). Section 16(5) says the CSL body 'may' grant leave (discretionary) while s.17(5) says the CSL body 'must' pay in lieu. It is unclear whether the mandatory payment obligation under s.17(5) is triggered independently of whether leave was offered or taken under s.16(5), creating potential double-entitlement or ambiguity about sequencing of the two obligations."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":657},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears complete and consistent with its original purpose — facilitating the sale of CSL Limited while protecting employee entitlements. The extensive transitional provisions are necessary for a privatisation of this scale and do not represent scope creep."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Superannuation Acts 1922/1976/1990, SRC Act, DFRDB Act, Long Service Leave Act, Maternity Leave Act, etc.)","Conditional commencement dates with a sunset clause (provisions repealed if not commenced by 31 December 1994)","Nested definitions and 'deemed' provisions that modify how other laws apply","Complex formulas for calculating refunds and leave credits","Multiple 'saving' and 'transitional' provisions that create parallel legal regimes","Detailed exceptions and carve-outs (e.g., section 41 on corruption offences has 6 subsections with multiple conditions)","Table-based modification of other legislation (section 18)","'As if' provisions that treat CSL as still being a Commonwealth authority for some purposes but not others"],"plain_english_summary":"This Act facilitated the **privatisation of CSL Limited** (Commonwealth Serum Laboratories), a government-owned biotech company, by providing the legal framework for its sale and protecting employee entitlements during the transition.\n\n**What it does:**\n- Defines the **\"sale day\"** — the moment when a majority of CSL's voting shares are acquired by non-government buyers, declared by the Finance Minister via Gazette notice\n- **Protects employee entitlements** that existed before privatisation, including:\n  - **Long service leave** — employees with less than 10 years service can still claim accrued leave if they continue working for CSL; those with 10+ years keep their existing rights\n  - **Workers' compensation** — injuries or property damage occurring before the sale day remain covered under Commonwealth schemes\n  - **Superannuation** — deferred benefits and eligible employment periods are preserved for various Commonwealth superannuation schemes\n  - **Maternity leave** — women who were entitled to leave before privatisation retain those rights\n- **Exempts the sale from State/Territory taxes** (stamp duty, fees) to make the transaction more attractive to buyers\n- **Removes CSL's status as a Commonwealth authority** after the sale day, meaning it no longer counts as \"established by the Commonwealth\" for legal purposes\n- **Ends public service mobility rights** for employees, cutting their ties to the Commonwealth public service\n\n**Who it affects:**\n- CSL employees (past and present) — protecting their accrued benefits\n- The Commonwealth Government — enabling the sale and managing the transition\n- CSL Limited itself — facilitating its transformation from government enterprise to private company\n\n**Why it matters:**\nThis is a classic example of **privatisation legislation** from the 1990s, ensuring that selling a public asset didn't leave workers worse off while making the sale financially attractive through tax exemptions. The detailed transitional provisions show how complex unwinding government employment relationships can be."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title says — it facilitates the privatisation of CSL Limited and manages the transitional consequences for employees and legal obligations. The extensive transitional provisions (long service leave, superannuation, workers' comp, maternity leave, etc.) are all directly related to and necessary for the core purpose of the sale. There is no evidence of scope creep beyond the original privatisation intent."},"complexity_factors":["References and cross-references to over a dozen separate Commonwealth Acts (Long Service Leave Act, SRC Act, multiple Superannuation Acts, Maternity Leave Act, DFRDB Act, Crimes (Superannuation Benefits) Act, DPP Act, Judiciary Act, Proceeds of Crime Act, etc.)","Layered transitional provisions that operate differently depending on precise timing (before/on/after the 'sale day'), length of service, and reason for leaving employment","Multiple definitions of key terms that vary between divisions (e.g., 'employee' means different things in different parts)","Complex calculation formulas for pro-rata refunds of licence fees and OHS contributions (presented as images, not text)","Retrospective commencement provisions — some sections are deemed to have commenced years before the Act was passed (22 February 1991)","Provisions that modify other Acts by treating CSL 'as if' it were still a government body, requiring the reader to mentally overlay this Act on top of those other Acts","Repetition of content throughout the document (the full text appears to be duplicated multiple times, suggesting a formatting/compilation issue)","Distinction between 'saving' provisions (preserving old rights) and 'application' provisions (switching off old frameworks) requires careful reading to understand the net effect"],"plain_english_summary":"The CSL Sale Act 1993 is the law that enabled privatisation of Commonwealth Serum Laboratories (CSL) and set rules for the transition. It preserves key pre‑sale employee rights — long service leave, pre‑sale workers’ compensation, accrued Commonwealth superannuation benefits and maternity leave — while treating CSL as a private company prospectively.\n\nThe Act also exempts the sale transactions from state/territory stamp duties and ensures existing legal proceedings continue under Commonwealth law."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focussed on enabling the sale of CSL and implementing transitional and saving measures necessary for that sale. Its provisions are limited to: (a) setting the sale day and commencement mechanics; (b) preserving or adapting employee entitlements and superannuation/safety/compensation treatment arising from the pre‑sale period; (c) clarifying legal status and regulatory consequences after sale; and (d) providing narrowly framed tax/fee exemptions and administrative powers necessary to carry out the sale. While the Act grants administrative discretion (ministerial certification, sale‑day declaration) and creates specific tax/fee exemptions that concentrate financial benefit on sale actors, it does not materially expand beyond its original sale‑related purpose."},"complexity_factors":["Cross-references to at least 10 external statutes (Long Service Leave Act, SRC Act, Superannuation Acts 1922/1976/1990, DFRDB Act, DPP Act, Judiciary Act, Proceeds of Crime Act, Public Service Act, Occupational Health and Safety Act)","Approximately 20 defined terms in the interpretation sections (e.g. CSL, CSL body, combined service period, licence fee year, exempt matter)","Multiple conditional and nested rules for employee entitlements (sections 16–19: eligibility, variations, exceptions and employee elections)","Several ‘saving’ and ‘transitional’ provisions that treat CSL as a Commonwealth authority for limited purposes — requires reading each saving in context","Ministerial and official discretions (Finance Minister to declare sale day; authorised persons to certify exemptions and amend declarations) with legally conclusive certificates (s 4, s 47)","Retroactive/forward commencement timing rules (some provisions deemed to have commenced earlier; others commence on sale day; uncommenced provisions deemed repealed after a cutoff) (s 2)","Numerical refund formulas embedded in the Act (ss 29, 50) requiring quantitative calculation","Exception carve‑outs and exclusions (e.g. sections that preserve rights for employees with 10+ years versus others; exceptions for death, ill‑health, retrenchment)","Overlap between Commonwealth, State and Territory law effects (tax exemptions vs state revenue; federal saving provisions that interact with state regulatory regimes)","Provisions that make ministerial notices and Gazettal effective and conclusive (publication timing rules and evidentiary effects)"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Declares a single “sale day” (to be published by the Finance Minister) as the day on which a majority of CSL’s voting shares are first acquired by someone other than the Commonwealth or its nominee (s 4).  Regulations and many parts of the Act take effect on that day (s 2, s 48).\n\n- Preserves and adapts a range of employee rights and pensions that existed immediately before the sale so that employees and former employees are not unintentionally disadvantaged by the change of ownership.  Key mechanical measures include:\n  - Transitional long service leave rules for employees who had under 10 years’ service before the sale, including when leave may be granted or when payment in lieu must be made and how to calculate the employee’s credit (ss 15–21).\n  - Continued application, in specified ways, of the Safety, Rehabilitation and Compensation Act 1988 (Comcare) to injuries, property loss and certain licensing and premium issues that relate to the pre-sale period (ss 22–30).\n  - Savings for deferred superannuation benefits and preservation of periods of eligible employment for several Commonwealth superannuation and retirement statutes (ss 31–38).\n  - Transitional treatment of maternity leave entitlements, corruption-related superannuation orders, and civil/criminal proceedings that arose before the sale (ss 39–45).\n\n- Removes the automatic legal status of CSL as an entity ‘established by the Commonwealth’ after the sale day unless another law expressly says otherwise (s 46).\n\n- Provides tax and fee relief for sale-related transactions by exempting specified sale-related matters from State and Territory taxes and many fees; an authorised Commonwealth official can issue written certificates saying a particular matter is exempt and those certificates are conclusive evidence in court (s 47).\n\n- Allows regulations described as connected to the sale to take effect on the sale day even if that would otherwise be excluded by general rules about commencement (s 48).\n\n- Compels certain administrative steps and refunds: e.g. notification of salaries to Comcare (s 28), refund formulas for licence fees and occupational health & safety administration contributions where the CSL body paid for a period that partly falls after the sale (ss 29, 50).\n\n**Who is affected**\n\n- CSL (the company) and its subsidiaries (collectively, “CSL bodies”) — their legal status under a range of Commonwealth laws changes on the sale day (multiple sections).\n- Employees and former employees of CSL — especially those with under 10 years’ service before the sale (ss 15–21) and those with injuries or claims arising before the sale (ss 22–25).\n- Buyers/subscribers of CSL shares — they and the Commonwealth/CSL may benefit from tax/fee exemptions for sale-related transactions (s 47).\n- State and Territory governments — they forgo (or defer) certain taxes/fees relating to the sale (s 47).\n- Commonwealth departments and officials — Finance Minister, specified Ministers and departmental SES officers gain decision-making and certifying powers (ss 4, 47).\n- Regulators and bodies such as Comcare and administrators of Commonwealth superannuation laws — their responsibilities and receipts are adjusted for the transitional period (ss 25–38).\n\n**Why it matters (stated purpose and how it operates in practice)**\n\n- Stated purpose: to enable the sale of CSL while protecting pre-sale legal and financial entitlements and clarifying which laws keep applying after the change of ownership.\n\n- How that purpose is achieved mechanically:\n  - By setting a clear legal trigger (the sale day) and making many provisions operate from that trigger (s 4; s 2).\n  - By creating tailored, explicit saving and transitional rules so that employee entitlements (long service leave, superannuation, maternity leave) and pre-sale liabilities or proceedings continue to be treated as if the entity were still a Commonwealth authority in important respects (ss 15–21; ss 22–45).\n  - By granting administrative powers to the Finance Minister and authorised departmental officers to publish the sale day, issue certificates of tax exemption, and amend or revoke declarations (ss 4, 47, 30).  Those instruments and certificates are given legal effect (s 47(3)).\n  - By removing some post‑sale linkages to Commonwealth-only statutes (for example, CSL ceases to be an ‘approved authority’ under various Superannuation Acts) while preserving rights that accrued pre-sale (ss 36–38; ss 31–35).\n\n**Costs, incentives, trade-offs and implementation features to note**\n\n- Who pays and who benefits:\n  - CSL bodies (i.e. the company after sale) are required to make some payments and refunds — e.g. long service leave payments and licence fee/administration refunds (ss 16–19, 29, 50).\n  - State and Territory governments lose tax and fee revenue for sale‑related items listed as “exempt matters” (s 47).  The beneficiaries of those exemptions are concentrated (share purchasers and the Commonwealth/CSL for state taxes on transfers), while the cost is borne by States/Territories (diffuse to their budgets).\n\n- Administrative discretion and legal certainty:\n  - The Finance Minister and authorised departmental officers hold discretionary powers to declare the sale day and to certify exempt matters (ss 4, 47).  Those decisions have material legal effects (e.g. determining when many provisions commence and whether tax exemption applies).\n  - Certificates issued by authorised persons are treated as conclusive evidence in court (s 47(3)), which reduces litigation risk but concentrates decision‑making discretion in the executive.\n\n- Compliance and implementation burdens:\n  - CSL bodies must perform specific administrative steps (notify salary amounts to the Commission — s 28) and calculate refunds/payments using formulae provided in the Act (ss 29, 50).  Those calculations create operational tasks for payroll and finance teams.\n  - Interpretation requires cross‑checking multiple external Acts cited in the Act (Long Service Leave Act, SRC Act, Superannuation Acts, DPP Act, Judiciary Act, Proceeds of Crime Act), increasing the legal complexity and the need for specialist legal advice (see Complexity Factors below).\n\n- Trade-offs and behavioural effects:\n  - The Act preserves employees’ accrued rights, which reduces transitional labour disputes and preserves employer liabilities post‑sale; that may affect sale pricing and negotiation (buyers will value certainty but also inherit some contingent liabilities).\n  - Tax/fee exemptions and the ability to have regulations take effect immediately may encourage timing of transfers and documentation to fall within the sale window to secure financial advantages (s 47; s 48).\n\n- Implementation risks:\n  - Calculations of “combined service period” and long service leave credit require precise application of the Long Service Leave Act rules to pre‑ and post‑sale service (ss 15, 19).  Errors in computation can produce disputes and retroactive claims.\n  - The executive’s discretion to certify exemptions and to declare the sale day creates points of single‑point failure or legal challenge if the exercise of that discretion is contested.\n\n**Concrete mechanics to keep in mind (key sections)**\n- Sale day declaration and publication: s 4.\n- Transitional long service leave and payment rules: ss 15–21.\n- Continued application and modified operation of the SRC Act (Comcare): ss 22–30 (including refund formula in s 29).\n- Exemption from State/Territory taxes and ministerial certification: s 47.\n- Regulations able to take effect on sale day: s 48.\n- Removal of CSL’s status as an entity established by the Commonwealth after sale day (subject to some existing laws remaining effective): s 46.\n\n(References in parentheses above are to the section numbers in the instrument provided.)"}},"importantCases":[],"_links":{"self":"/api/acts/csl-sale-act-1993","history":"/api/acts/csl-sale-act-1993/history","analysis":"/api/acts/csl-sale-act-1993/analysis","conflicts":"/api/acts/csl-sale-act-1993/conflicts","importantCases":"/api/acts/csl-sale-act-1993/important-cases","documents":"/api/acts/csl-sale-act-1993/documents"}}