Version incorporating amendments as at
1 July 2014
table of provisions
Section Page
1 Short title, commencement and division 1
2 Repeal 1
Part I—General 3
3 Power to permit use of Government House and public
buildings 3
4 Temporary assistance by public service 3
5 Service in Commonwealth not to disqualify for Victorian
service 4
5A Arrangements where officer performs duties for the Commonwealth 4
6 Arrangements where any work or service to be performed for the Commonwealth 4
6A Arrangements for services etc. of Commonwealth officer 5
Part II—Taxation of Salaries of State Officers 6
7 Definition 6
8 Taxation by Commonwealth of salaries of State officers and Members of Parliament etc. 6
9 Salary of Governor 6
SCHEDULE—Repeals 7
ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Version No.026
Commonwealth Arrangements Act 1958
No. 6223 of 1958
Version incorporating amendments as at
1 July 2014
An Act to consolidate the Law providing for certain matters in Victoria in connexion with the Commonwealth.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title, commencement and division
This Act may be cited as the Commonwealth Arrangements Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts as follows—
Part I—General ss 3–6
Part II—Taxation of Salaries of State Officers ss 7–9.
2 Repeal
(1) The Acts mentioned in the Schedule to the extent hereby expressed to be repealed are hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
s. 2
(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect arrangement order consent liability or right made effected issued granted given accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
Part I—General
No. 3658 s. 3.
3 Power to permit use of Government House and public buildings
s. 3
Subject to such terms and conditions as may be deemed expedient and notwithstanding anything contained in any Act it shall be lawful for the Governor in Council from time to time by agreement with the Governor-General or otherwise to make arrangements—
(a) for the use and occupation of the Government House St. Kilda-road, Melbourne by the Governor-General; or
(b) for the use and occupation by officers of the Commonwealth and the public for the purpose of transacting Commonwealth business of any part of any public building not used exclusively in connexion with any department of the public service transferred to the Commonwealth.
The Governor in Council may make such orders and give such directions as may be necessary or desirable for the purpose of carrying out or giving effect to all or any arrangements made as aforesaid.
No. 3658 s. 4.
S. 4
amended by No. 46/1998
s. 7(Sch. 1).
4 Temporary assistance by public service
Notwithstanding anything contained in any Act, it shall be lawful for any employee in the public service of Victoria with the consent of the Governor in Council to temporarily act in any office or capacity in which he may be required to act for or on behalf of the Federal Government in addition to carrying out or executing his duties as an employee in the public service of Victoria.
No. 3658 s. 5.
S. 5
amended by No. 46/1998
s. 7(Sch. 1).
5 Service in Commonwealth not to disqualify for Victorian service
s. 5
The fact that any person is an officer of the Commonwealth shall not disqualify him from also executing the duties of any employee in the public service of Victoria.
S. 5A
inserted by No. 8656
s. 2(1)(Sch. 1 Pt B item 1).
5A Arrangements where officer performs duties for the Commonwealth
Where an officer performs duties for the Commonwealth the Governor in Council may, by agreement with the Governor-General of the Commonwealth or otherwise, make arrangements for determining—
(a) the rate of payment to be made to Victoria for the performance of those duties; and
(b) any matters which may require to be adjusted with regard to the performance of such duties by such Officer.
No. 3658 s. 6.
S. 6 substituted by No. 8656
s. 2(1)(Sch. 1 Pt B item 1).
6 Arrangements where any work or service to be performed for the Commonwealth
The Governor in Council may, at the request of the Governor-General of the Commonwealth, authorize and cause any work or service to be performed for the Commonwealth and the Governor in Council, by agreement with the Governor-General or otherwise, may make arrangements for determining—
(a) the rate of payment to be made by the Commonwealth for the performance of that work or service; and
(b) any matters which may require to be adjusted with regard to the performance of that work or service.
S. 6A
inserted by No. 7809 s. 13.
6A Arrangements for services etc. of Commonwealth officer
s. 6A
S. 6A(1) amended by No. 46/1998
s. 7(Sch. 1).
(1) The Governor in Council may make arrangements with the Governor-General for the performance or execution by an officer of the public service of the Commonwealth for the Government of Victoria of any work or services or for the performance of the duties of any employee in the public service of Victoria.
(2) In any such case the Governor in Council may pursuant to an agreement with the Governor-General make arrangements for determining—
S. 6A(2)(a) amended by No. 46/1998
s. 7(Sch. 1).
(a) the rate of payment to be made by the Government of Victoria for the work or services to be performed or the duties to be executed for it by the officer or employee; and
S. 6A(2)(b) amended by No. 46/1998
s. 7(Sch. 1).
(b) any matters which may require to be adjusted with regard to the performance of the work or services or the execution of the duties by the officer or employee.
Part II—Taxation of Salaries of State Officers
No. 3658 s. 7.
S. 7 amended by Nos 29/2006 s. 3(Sch. 1 item 7), 6/2010 s. 203(1)
(Sch. 6 item 8) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 24).
7 Definition
s. 7
In this Part unless inconsistent with the context or subject-matter Officers of the State of Victoria includes all persons in any office or employment under the Crown or the Government of Victoria (including the public service, service with Victoria Police or employment in any office of Parliament and service or employment under the Transport (Compliance and Miscellaneous) Act 1983 or the Transport Integration Act 2010) or in any office or employment for which payment is provided out of the Consolidated Revenue.
No. 3658 s. 8.
8 Taxation by Commonwealth of salaries of State officers and Members of Parliament etc.
The taxation by the Commonwealth in common with other salaries earned within the Commonwealth of—
(a) the official salaries of officers of the State of Victoria residing in the said State; and
the parliamentary salaries and allowances of responsible Ministers of the Crown and other Members of either House of Parliament—
shall not, if the taxation is not at a higher rate or to a greater extent than is imposed on other salaries of the same amount earned within the Commonwealth, be deemed to be an interference with the exercise of any power of the State.
Nos 3658 s. 9, 3943 s. 2.
9 Salary of Governor
This Part shall not apply to the salary of the Governor.
SCHEDULE
Sch.
Number of Act
Title of Act
Extent of Repeal
3658
Commonwealth Arrangements Act 1928
So much as is not already repealed.
3822
Sessional Acts Revision Act 1929
Section 6(3).
3943
Statute Law Revision Act 1930
Item in Schedule referring to Commonwealth Arrangements Act 1928.
ENDNOTES
Endnotes
General Information
The Commonwealth Arrangements Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Commonwealth Arrangements Act 1958 by Acts and subordinate instruments.