{"id":"F2006B00185","name":"Safety, Rehabilitation and Compensation (Definition of Commonwealth authority) Notice 2004","slug":"safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40563,"registerId":"commonwealth-F2006B00185-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Definition of Commonwealth authority) Notice 2004","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Commonwealth authority) Notice 2004\n\nNotice No. 1 of 2004.\n\nI, KEVIN JAMES ANDREWS, Minister for Employment and Workplace Relations, make this Notice under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated 30th June. 2004\n\nKevin Andrews\n\nMinister for Employment and Workplace Relations\n\n1 Name of Notice\n\nThis Notice is the Safety, Rehabilitation and Compensation (Definition of Commonwealth authority) Notice 2004.\n\n2 Commencement\n\nThis Notice commences on Gazettal.\n\n3 Declaration\n\nFor subparagraph 4(1) of the Safety, Rehabilitation and Compensation Act 1988 (the Act), I declare that ARTC Services Company Pty Ltd (ACN 105 451 483) is a body corporate to which the Act applies under the definition of Commonwealth authority in Part I of the Act.\n\n> Note The body corporate is a body corporate in which a body corporate declared under paragraph (c) has a controlling interest.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Notice expands the set of entities treated as Commonwealth authorities under the Safety, Rehabilitation and Compensation Act 1988 by declaring that ARTC Services Company Pty Ltd (ACN 105 451 483) is such a body corporate (section 3). The instrument does not amend the Act itself; it applies the Act's existing definitions and consequences to the named company. Any further change in rights, duties or costs depends on the primary Act's provisions as they operate once the company is within the Act's scope."},"complexity_factors":["Very short, single-purpose instrument making a single declaratory change (section 3).","Relies on definitions and legal effects contained in the Safety, Rehabilitation and Compensation Act 1988 (Part I and subsection 4(1)) rather than restating them.","Identifies the entity by name and ACN, which reduces identification ambiguity (section 3).","Contains a Note referencing control relationships (paragraph (c) and \"controlling interest\"), which may require looking back to the primary Act for precise meaning (section 3, Note).","Commencement tied to Gazettal rather than specifying a calendar date (section 2).","Exercise of ministerial declaratory power creates a legal effect that is simple to state but depends on the primary Act for substantive implications (cover page and section 3)."],"plain_english_summary":"What this Notice does (mechanically)\n\n- The Notice, made by the Minister for Employment and Workplace Relations (Kevin Andrews) on 30 June 2004, declares that ARTC Services Company Pty Ltd (ACN 105 451 483) is a \"body corporate to which the [Safety, Rehabilitation and Compensation] Act applies under the definition of Commonwealth authority in Part I of the Act\" (section 3). The Notice is to commence on Gazettal (section 2).\n- The Notice identifies the corporate entity by its ACN and includes a Note stating that this body corporate is one in which a body corporate declared under paragraph (c) has a controlling interest (section 3, Note).\n\nWho decides and how\n\n- The legal power used is subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988. The Minister exercised that power to make a formal declaration that the specified company falls within the Act's definition of \"Commonwealth authority\" (cover page and section 3).\n\nWho this affects and what changes for them\n\n- The change in legal status attaches the company named (ARTC Services Company Pty Ltd) to the set of entities that are treated as Commonwealth authorities for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (section 3). The Notice does not itself state specific new obligations or benefits; it makes the Act applicable to that company by declaration.\n\nWhat the Notice does not say (limits on what you can infer from this text)\n\n- The Notice does not spell out the specific operational, financial or administrative consequences for the company, its employees, contractors or third parties. It does not set out reasons for the declaration beyond the formal statement that the Act applies, nor does it quantify costs, savings or administrative burdens.\n\nRelevant implementation and legal points to watch (source-grounded)\n\n- The instrument relies on definitions and consequences set out in the Safety, Rehabilitation and Compensation Act 1988: the Notice itself does not define terms such as \"Commonwealth authority\" or \"controlling interest\" beyond referring to Part I of the Act and paragraph (c) (section 3 and Note). Any detailed legal effect therefore depends on those definitions in the primary Act.\n- Decision-maker discretion: the Minister used the statutory power in subsection 4(1) to make the declaration (cover page). The Notice is a single declaratory act rather than a change to the Act's text.\n- Identification and certainty: the company is identified by name and ACN, reducing ambiguity about which corporate entity is covered (section 3).\n\nAnalytical lens — incentives, costs and compliance (limited to what the Notice itself establishes)\n\n- Incentives and behaviour: by making the Act applicable to the named company, the Notice changes that company's legal status under the Act (section 3). The text does not specify how that will change operational decisions, contracting, pricing, employment practices or other market behaviour; those effects would follow from the substantive provisions of the primary Act once applied to the company.\n- Compliance burden and who pays: the Notice does not allocate costs or describe compliance steps. It creates a legal hook (application of the Act) that typically entails obligations under the Act for entities it covers; the Notice itself does not state which party bears particular monetary costs or administrative burdens.\n- Concentrated benefits, diffuse costs, rent-seeking and substitution effects: the Notice is a targeted declaration naming one company. The instrument does not provide evidence or claims about concentrated or diffuse economic effects or about any competitive or market impacts.\n\nBottom line\n\n- Mechanically, this Notice extends the application of the Safety, Rehabilitation and Compensation Act 1988 to ARTC Services Company Pty Ltd by ministerial declaration under subsection 4(1) (section 3). The document identifies the company by ACN and commences on Gazettal (sections 2–3). Any detailed legal or economic consequences flow from the provisions of the primary Act as they apply to the declared company; those consequences are not specified in this short Notice."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice performs exactly the function intended by subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988: to declare specific bodies corporate as 'Commonwealth authorities' for the purposes of the Act. It has not expanded beyond this specific administrative purpose."},"complexity_factors":["Very short instrument (only 3 operative sections plus preamble)","Single substantive provision (section 3) containing a declaration","Only one defined term referenced externally (definition of 'Commonwealth authority' in the parent Act)","No internal definitions, cross-references, or conditional logic within the instrument itself","Straightforward administrative declaration with no exceptions or nested provisions"],"plain_english_summary":"This is a short legal notice made by the Minister for Employment and Workplace Relations in 2004. It declares that **ARTC Services Company Pty Ltd** (a company with ACN 105 451 483) counts as a 'Commonwealth authority' under the Safety, Rehabilitation and Compensation Act 1988.\n\n**What this means:**\n- The Safety, Rehabilitation and Compensation Act 1988 is the law that sets up Comcare (the workers' compensation scheme for federal government employees and certain other workers).\n- Normally, this Act only covers Commonwealth government departments and certain authorities.\n- This notice **extends coverage** to ARTC Services Company Pty Ltd, meaning:\n  - Its employees are covered by the Commonwealth workers' compensation scheme (Comcare)\n  - The company must comply with the Act's safety and rehabilitation requirements\n\n**Why it matters:**\nARTC (Australian Rail Track Corporation) is a government-owned corporation that manages rail infrastructure. This notice ensures that a specific subsidiary or related company (ARTC Services Company) gets the same workers' compensation and occupational health and safety coverage as direct Commonwealth employees, even though it's structured as a private company."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-commonwealth-authority-notice-2004/documents"}}