Div Division 1General

## Division 1 General > borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority. (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and (c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention. > domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. > Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. (2) A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3). (3) The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981. > Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed. (cb) to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and (4) The Authority must not perform any of its functions otherwise than for a purpose in respect of which the Parliament has the power to make laws. (5) The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under: The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country. (2) Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature. (1) Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment. (1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters: (3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1). > ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority. (2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests. The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following: (c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period; (1) In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions. > Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority. (1) This section applies to information (including personal information, within the meaning of the Privacy Act 1988), obtained by the Authority at any time (whether before or after the commencement of this section) and by any means, including information required to be given to the Authority by law. (2) The Authority may disclose the information to any person, subject to such terms and conditions (if any) as the Authority specifies, for any of the following purposes: In the performance of its functions and the exercise of its powers, the Authority must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations. (d) if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and (4) The members (other than the Chief Executive Officer and the member referred to in paragraph (1)(d)) are to be appointed by the Minister, and hold office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing. (4A) The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels. (5) The performance of the functions and the exercise of the powers of the Authority are not affected merely because of a vacancy in the membership of the Authority. Subject to this Part, a member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment. (1) A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed. (1) Where the Chairperson has been appointed as a full‑time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister. (2) A member appointed as a part‑time member must not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member. (1) A Chairperson appointed as a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing. (3) The Minister may grant leave to a Chairperson appointed as a part‑time member to be absent from a meeting or meetings of the Authority. (4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority. (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member): (a) during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office. (4) Where the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis. (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time; > Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members. (2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication, and a member who so participates is to be regarded as being present at the meeting. (3) Without limiting subsection (1), the Authority may invite a person to attend a meeting for the purpose of advising or informing it on any matter. (1) Where the Authority so determines, a resolution is to be taken to have been passed at a meeting of the Authority if, without meeting, 4 or more members indicate agreement with the resolution in accordance with the method determined by the Authority. (1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013. (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day. (6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5). (1) The Minister must respond to a corporate plan referred to in subsection 25(1) within 60 days of being given the plan. (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response. (f) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection. (3) The interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice. (4) Where the interest of the Commonwealth is of such a kind that it is not held from another person, the transfer has effect as a grant to the authority of an estate in fee simple. (5) The Minister must cause to be lodged with the Registrar‑General, Registrar of Titles or other appropriate officer of the relevant State or Territory a copy of the notice, certified in writing signed by an officer of the Department authorised by the Minister for the purpose. (6) The officer with whom a copy is lodged may register the transfer as nearly as possible as if it were a dealing in land and may deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws in force in the relevant State or Territory. (a) must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and (3) If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount. (a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined by the Minister. The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth. (b) an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and there is payable to the Authority by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount. (b) a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function; then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth. (a) the value of assets that have been transferred to the Authority by the Commonwealth as determined under section 32; and (c) any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and (d) any reserves resulting from the operations of the Authority (whether because of the retention of profits or otherwise) or from the revaluation of the Authority’s assets; and (2) Interest is not payable to the Commonwealth on the capital of the Authority, but the capital of the Authority is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines in writing. (3) In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs. The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing. (b) the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company. (4) For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than: (c) a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or (5) Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate. (6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister. (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 41. (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for: (i) the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or (ii) the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister. (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority. (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority: (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice. (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination. (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9). (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation. (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded. (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded. (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund. (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1). (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly. (1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Minister after receiving a recommendation from the Authority. (2) Subject to this Part, a person appointed as Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment. (4) Anything done in the name of, or on behalf of, the Authority by the Chief Executive Officer is to be taken to have been done by the Authority. The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the approval of the Authority. (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations. (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines. (1) The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. (2) A person, other than a member of the staff, who is acting as Chief Executive Officer is to be paid the same remuneration and allowances as are payable to the Chief Executive Officer. (3) A member of the staff who is acting as Chief Executive Officer is to continue to be paid the remuneration and allowances payable to the person as such a member but is also to be paid: (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the person; and The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing. The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to: (1) Subject to subsection (2), the Authority may, by written instrument, delegate to a person all or any of its powers under this or any other Act. (2) The powers of the Authority under subsection 40(1), section 42, subsection 47(1) and section 56, may be delegated only to a member or officer of the Authority. (d) any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority. Where the Minister gives a direction under section 8, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given. any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re‑enacted. (2) In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection: and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.