{"id":"C2004A05179","name":"Hearing Services and AGHS Reform Act 1997","slug":"hearing-services-and-aghs-reform-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"82 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7753,"registerId":"commonwealth-C2004A05179-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)","content":"An Act to amend the Hearing Services Act 1991, to enact transitional provisions relating to the corporatisation of the Australian Government Health Service, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.\n\n## Part 2—Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)\n\n### Division 1—Introduction\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.\n\n#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.\n\n#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.\n\n#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.\n\n#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n\n#### 8 External Territories\n\n  This Part extends to all the external Territories.\n\n#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n### Division 2—Transfers from the Commonwealth to the nominated company\n\n#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.\n\n#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.\n\n### Division 4—Exemption of nominated company from State and Territory taxes\n\n#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.\n\n### Division 5—Miscellaneous\n\n#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.\n\n#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":3},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"An Act to amend the Hearing Services Act 1991, to enact transitional provisions relating to the corporatisation of the Australian Government Health Service, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.\n\n## Part 2—Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)\n\n### Division 1—Introduction\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.\n\n#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.\n\n#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.\n\n#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.\n\n#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n\n#### 8 External Territories\n\n  This Part extends to all the external Territories.\n\n#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n### Division 2—Transfers from the Commonwealth to the nominated company\n\n#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.\n\n#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.\n\n### Division 4—Exemption of nominated company from State and Territory taxes\n\n#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.\n\n### Division 5—Miscellaneous\n\n#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.\n\n#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Nominated company","content":"#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Commonwealth‑owned company","content":"#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Crown to be bound","content":"#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"External Territories","content":"#### 8 External Territories\n\n  This Part extends to all the external Territories.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Extra‑territorial operation","content":"#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Transfers from the Commonwealth to the nominated company","content":"An Act to amend the Hearing Services Act 1991, to enact transitional provisions relating to the corporatisation of the Australian Government Health Service, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.\n\n## Part 2—Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)\n\n### Division 1—Introduction\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.\n\n#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.\n\n#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.\n\n#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.\n\n#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n\n#### 8 External Territories\n\n  This Part extends to all the external Territories.\n\n#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n### Division 2—Transfers from the Commonwealth to the nominated company\n\n#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.\n\n#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.\n\n### Division 4—Exemption of nominated company from State and Territory taxes\n\n#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.\n\n### Division 5—Miscellaneous\n\n#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.\n\n#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Transfer of assets","content":"#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Transfer of contractual rights and obligations","content":"#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Transfer of liabilities","content":"#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Transfers of land may be registered","content":"#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"This Division does not modify registers kept by land registration officials","content":"#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Transfer of pending proceedings","content":"#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Transfer of records","content":"#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.","sortOrder":19},{"sectionNumber":"Division 4","sectionType":"division","heading":"Exemption of nominated company from State and Territory taxes","content":"An Act to amend the Hearing Services Act 1991, to enact transitional provisions relating to the corporatisation of the Australian Government Health Service, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.\n\n## Part 2—Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)\n\n### Division 1—Introduction\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.\n\n#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.\n\n#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.\n\n#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.\n\n#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n\n#### 8 External Territories\n\n  This Part extends to all the external Territories.\n\n#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n### Division 2—Transfers from the Commonwealth to the nominated company\n\n#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.\n\n#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.\n\n### Division 4—Exemption of nominated company from State and Territory taxes\n\n#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.\n\n### Division 5—Miscellaneous\n\n#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.\n\n#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Exemption of nominated company from State and Territory taxes","content":"#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.","sortOrder":21},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"An Act to amend the Hearing Services Act 1991, to enact transitional provisions relating to the corporatisation of the Australian Government Health Service, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services and AGHS Reform Act 1997.\n\n#### 2 Commencement\n\n  (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.\n  (3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.\n\n## Part 2—Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)\n\n### Division 1—Introduction\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.\n\n• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.\n\n• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.\n\n• Provision is made for the transfer of pending proceedings.\n\n• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.\n\n• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.\n\n• The nominated company will not be treated as an agency of the Commonwealth.\n\n#### 4 Definitions\n\n  In this Part, unless the contrary intention appears:\n\n> AGHS means Australian Government Health Service.\n\n> asset means:\n\n    (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n    (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\n> Commonwealth‑owned, in relation to a company, has the meaning given by section 6.\n\n> contract includes:\n\n    (a) a deed; and\n    (b) a deed poll.\n\n> instrument includes a document.\n\n> land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n> liability means any liability, duty or obligation, whether actual, contingent or prospective.\n\n> nominated company has the meaning given by section 5.\n\n#### 5 Nominated company\n\n  (1) The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.\n  (2) The company must:\n    (a) be incorporated under the Corporations Act 2001; and\n    (b) have a share capital.\n  (3) The declaration has effect accordingly.\n  (4) A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.\n\n#### 6 Commonwealth‑owned company\n\n  For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.\n\n#### 7 Crown to be bound\n\n  This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n\n#### 8 External Territories\n\n  This Part extends to all the external Territories.\n\n#### 9 Extra‑territorial operation\n\n  This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n### Division 2—Transfers from the Commonwealth to the nominated company\n\n#### 10 Transfer of assets\n\n  (1) This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;\n    (b) a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.\n\n> Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n  (6) Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.\n\n#### 11 Transfer of contractual rights and obligations\n\n  (1) This section applies to a contract (other than a contract of employment):\n    (a) that related or relates to the AGHS; and\n    (b) to which the Commonwealth is a party.\n  (2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:\n    (a) cease to be rights and obligations of the Commonwealth at a specified time; and\n    (b) become rights and obligations of the nominated company at that time.\n  (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.\n  (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.\n  (5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.\n  (6) A declaration under this section has effect accordingly.\n  (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.\n  (8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.\n  (9) This section does not, by implication, limit section 10.\n\n> Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 12 Transfer of liabilities\n\n  (1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.\n  (2) The Minister may, by writing, make any or all of the following declarations:\n    (a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;\n    (b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;\n    (c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.\n  (3) A declaration under subsection (2) has effect accordingly.\n  (4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.\n  (5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.\n\n> Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.\n\n#### 13 Transfers of land may be registered\n\n  (1) This section applies if:\n    (a) any right, title or interest in particular land vests in the nominated company under section 10; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by the Minister; and\n    (ii) identifies the land; and\n    (iii) states that the right, title or interest has become vested in the nominated company under section 10.\n  (2) The land registration official may:\n    (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n  (3) A document that appears to be a certificate under subsection (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n#### 14 This Division does not modify registers kept by land registration officials\n\n  This Division, in so far as it provides for the interpretation of references in other instruments, does not modify any register kept by a land registration official under a law of a State or Territory.\n\n#### 15 Transfer of pending proceedings\n\n  (1) This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.\n  (2) If any proceedings to which the original person was a party:\n    (a) were pending in any court or tribunal immediately before that time; and\n    (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;\n  then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.\n\n#### 16 Transfer of records\n\n  (1) This section applies to a record of the Commonwealth that relates to the AGHS.\n  (2) If the nominated company is Commonwealth‑owned, the Minister may direct the Secretary to the Department to transfer specified records to the nominated company.\n\n> Note: A record may be specified by name, by inclusion in a specified class or in any other way.\n\n  (3) The Secretary to the Department must ensure that the direction is complied with.\n  (4) In this section:\n\n> record has the same meaning as in the Archives Act 1983.\n\n### Division 4—Exemption of nominated company from State and Territory taxes\n\n#### 20 Exemption of nominated company from State and Territory taxes\n\n  The nominated company is not subject to taxation under a law of a State or Territory in respect of a particular period if, throughout that period:\n    (a) the nominated company is Commonwealth‑owned; and\n    (b) the nominated company only carries on activities that are within the legislative powers of the Parliament.\n\n### Division 5—Miscellaneous\n\n#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.\n\n#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Nominated company not to be an agency of the Commonwealth etc.","content":"#### 21 Nominated company not to be an agency of the Commonwealth etc.\n\n  (1) The nominated company is not taken, for the purposes of a law, to be:\n    (a) a Commonwealth authority; or\n    (b) established for a public purpose or for a purpose of the Commonwealth; or\n    (c) a public authority or an agency or instrumentality of the Crown;\n  (within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.\n  (2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.\n  (3) Subsection (2) is enacted for the avoidance of doubt.\n  (4) In this section:\n\n> law means:\n\n    (a) an Act of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument made under such an Act.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Compensation—constitutional safety‑net","content":"#### 22 Compensation—constitutional safety‑net\n\n  (1) If:\n    (a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and\n    (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n  the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":24}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The text performs the corporate conversion described in its simplified outline: it enables a Minister to nominate a company, transfer AGHS assets/contracts/liabilities/records and pending proceedings to that company, grants temporary State/Territory tax exemption while the company is Commonwealth‑owned, and excludes the nominated company from being treated as a Commonwealth agency for most laws (see simplified outline and ss 5, 10–16, 20, 21, 22). There is no internal text indicating an expansion or contraction of that stated scope."},"complexity_factors":["Broad ministerial discretion to nominate the company and effect transfers by written declaration rather than court order or individual conveyance (ss 5, 10–12, 16).","Multiple transfer categories (assets, contracts, liabilities, records, pending proceedings) each carry distinct legal mechanics and timing requirements (ss 10–16).","Transfers are conditional on the nominated company being wholly Commonwealth‑owned at the time specified, creating a timing/ownership constraint (ss 5(2), 6, 10(5), 11(8), 12(5)).","Exclusion of employment contracts from the contractual transfer power adds a carve‑out that affects staff and HR arrangements (s 11(1)).","Interactions with State/Territory systems: land registration depends on ministerial certificates and land officials' procedures, while registers are preserved (ss 13–14).","Tax treatment is nationally consequential: temporary exemption from State/Territory taxes while Commonwealth‑owned imposes cross‑jurisdictional fiscal effects (s 20).","Constitutional safeguard for just‑terms compensation introduces potential Federal Court litigation and valuation disputes (s 22).","Procedural formalities (publication in the Gazette, ministerial directions to departmental Secretary) create administrative compliance tasks and disclosure timing obligations (ss 5(4), 10(4), 11(7), 12(4), 16(2)–(3)).","Extra‑territorial reach and Crown‑binding clauses extend the Act’s legal consequences beyond standard territorial boundaries and across Crown entities (ss 7–9)."],"plain_english_summary":"This Act corporatises the Australian Government Health Service (AGHS). The Minister may nominate a company and, by written declaration, transfer AGHS assets, contracts, liabilities, records and pending proceedings to that company, provided it is wholly Commonwealth‑owned when transfers occur (ss 5, 10–16). The nominated company is exempt from State/Territory taxation while Commonwealth‑owned (s20), is not treated as a Commonwealth agency for most laws (s21), and the Commonwealth must pay compensation if transfers amount to an acquisition otherwise than on just terms (s22)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to match its original intent as stated in the long title: amending the Hearing Services Act and enacting transitional provisions for AGHS corporatisation. The scope remains focused on these two purposes without significant mission creep, though the Hearing Services amendments are not visible in this excerpt."},"complexity_factors":["Multiple duplicate sections suggesting this is a compiled or extracted version with repetition errors rather than the clean Act","Cross-references to external legislation: Corporations Act 2001, Privacy Act 1988, Public Service Act 1922, Archives Act 1983, and the Constitution (s 51(xxxi))","Conditional commencement provision linking to Reform of Employment Services (Consequential Provisions) Act 1997","Defined terms section with 8 definitions including broad conceptual definitions like 'asset' and 'liability' covering contingent and prospective interests","Ministerial discretion powers requiring Gazette publication within 14 days","Constitutional safety-net provision (s 22) requiring interpretation of 'just terms' and 'acquisition of property' from s 51(xxxi) of the Constitution","Nested conditions in tax exemption (s 20): must be Commonwealth-owned AND only carry on activities within legislative powers","Exception to exception structure in s 21: company is not a Commonwealth authority, except for Public Service Act purposes if specific definitional paragraphs apply"],"plain_english_summary":"This legislation does two main things. First, it amends the Hearing Services Act 1991 (though the actual amendments aren't shown in this excerpt). Second, and more substantially, it sets up the legal machinery to turn the Australian Government Health Service (AGHS) from a government department into a private company—a process called 'corporatisation'.\n\n**What this means in practice:**\n\n- **The 'nominated company'**: The Minister can declare a company to be the new corporate home for AGHS operations. This company must be a standard corporation with share capital, and the Commonwealth must own all the shares.\n\n- **Transferring the goods**: The Minister can shift AGHS assets (property, equipment), contracts, debts, and records across to this new company. Land transfers can be registered with state authorities, and any court cases involving AGHS automatically transfer to the new company unless the Minister says otherwise.\n\n- **Tax break**: While the Commonwealth owns the company, it doesn't have to pay state or territory taxes.\n\n- **Not quite government, not quite private**: The company isn't treated as a government agency for most purposes, which affects how other laws apply to it.\n\n- **Safety net**: If any of these transfers accidentally breach the constitutional requirement for 'just terms' when acquiring property, the Commonwealth must pay fair compensation.\n\n**Who it affects**: Former AGHS staff and clients, the new corporate entity (which became Medibank Private), state governments (who lose tax revenue), and anyone with contracts or legal disputes involving AGHS.\n\n**Why it matters**: This was the legal foundation for privatising Australia's government health insurance provider. It allowed the government to move a public service into a corporate structure while maintaining control through share ownership, setting the stage for later sale."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title and preamble promise: it amends the Hearing Services Act 1991 and enacts transitional provisions for the corporatisation of the AGHS. The AGHS provisions are detailed and comprehensive, consistent with the stated purpose. The Privacy Act amendment, while a minor addition, is a standard consequential change linked to related 1997 employment services reforms rather than a scope expansion. There is no evidence the Act strays beyond its declared objectives."},"complexity_factors":["Multiple interlocking pieces of legislation referenced (Hearing Services Act 1991, Privacy Act 1988, Reform of Employment Services (Consequential Provisions) Act 1997, Archives Act 1983, Corporations Act 2001, Public Service Act 1922)","Conditional commencement provisions that depend on the timing of another Act's commencement","Broad ministerial discretion to make declarations transferring assets, liabilities and contracts without standard conveyancing or assignment processes","Constitutional law dimension — the section 51(xxxi) 'just terms' compensation safety net requires understanding of Australian constitutional property acquisition doctrine","Tension between the company being Commonwealth-owned but explicitly not being a Commonwealth agency — requires careful reading to understand when each status applies","Tax exemption conditioned on dual requirements (Commonwealth ownership AND activities within parliamentary legislative powers) involving federal-state relations","Significant repetition in the provided document obscures the actual structure and scope of the legislation","Division 3 (likely dealing with the Trust Account transfer) is absent from the reproduced text, leaving a gap in the legislative picture"],"plain_english_summary":"This 1997 Act lets the Commonwealth spin the Australian Government Health Service out of the public service into a wholly government‑owned private company, transferring its assets, contracts, liabilities and records so the new company continues operations and steps into any related legal proceedings. It also amends the Hearing Services Act and tweaks the Privacy Act definitions tied to 1997 employment reforms.\n\nThe change affects AGHS employees, service users, contractors and state tax treatment (tax exemptions apply only while the Commonwealth owns all shares), with compensation required if acquisitions breach just‑terms constitutional requirements."}},"importantCases":[],"_links":{"self":"/api/acts/hearing-services-and-aghs-reform-act-1997","history":"/api/acts/hearing-services-and-aghs-reform-act-1997/history","analysis":"/api/acts/hearing-services-and-aghs-reform-act-1997/analysis","conflicts":"/api/acts/hearing-services-and-aghs-reform-act-1997/conflicts","importantCases":"/api/acts/hearing-services-and-aghs-reform-act-1997/important-cases","documents":"/api/acts/hearing-services-and-aghs-reform-act-1997/documents"}}