Preliminary
An Act relating to the sale of CSL Limited, and for related purposes
Part 1—Preliminary
Division 1—Short title and commencement
1 Short title
This Act may be cited as the CSL Sale Act 1993.
2 Commencement
(1) Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent. (2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day. (3) Sections 5 and 6 are taken to have commenced on 22 February 1991. (4) If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.
Division 2—Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
CSL means the body corporate known before the sale day as CSL Limited by whatever name called, and in whatever form that body corporate takes, from time to time.
CSL body means CSL or a CSL subsidiary.
CSL subsidiary means a body corporate that is a subsidiary of CSL.
Corporations Law means the Corporations Law of a State or an internal Territory.
DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.
employee includes apprentice.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.
sale day is the day declared under section 4.
share, in relation to a body corporate, means a share in the body’s share capital.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
Supervisory Mechanisms Act means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.
voting share has the same meaning as in the Corporations Law.
(2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.
4 The sale day
(1) The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day. (2) The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth. (3) The notice must be published within 14 days after the specified day.
Part 6—Transitional and saving provisions
Division 1—Transitional and saving provisions in relation to long service leave
15 Interpretation
(1) Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act. (2) In this Division:
combined service period, in relation to an employee, means the total of:
(a) the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and
(b) the period starting on the sale day during which the employee continues to be an employee of a CSL body.
employee includes a person employed in a full‑time or a part‑time capacity.
law means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.
post‑sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.
16 Long service leave for employees with less than 10 years service
(1) This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees. (4) If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1). (5) If: (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and (b) the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year; the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1). (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period. (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee. (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if: (a) that section applied to the employee; and (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.
17 Payments in lieu of long service leave for employees with less than 10 years service
(1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16. (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees. (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (5) Subject to subsection (7), if: (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and (b) at that time the employee’s combined service period is at least one year; the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (6) Subject to subsection (7), if: (a) the employee stops being an employee of a CSL body; and (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and (c) when the employee left, his or her combined service period was at least one year; the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body: (a) ask the CSL body not to make a payment to the employee under this section; or (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection. (8) The CSL body must comply with the request made under subsection (7). (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if: (a) that section applied to the employee; and (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.
18 Payments on the death of an employee
(1) This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) If, on or after the sale day, the employee died and immediately before his or her death: (a) the employee was an employee of a CSL body; and (b) the employee’s combined service period was at least one year; and (c) the employee had one or more dependants; the CSL body must make a payment to a dependant or to 2 or more dependants of the employee. (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age. (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if: (a) that section applied to an employee of a CSL body; and (b) a reference in that section to the approving authority were a reference to the CSL body; and (c) the section were further modified as set out in the following table:
TABLE
| Provision | Omit this expression | Insert this expression |
|---|---|---|
| section 23 | this Act | section 18 of the CSL Sale Act 1993 |
| subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 18 of the CSL Sale Act 1993 |
19 Employee’s long service leave credit for the purposes of sections 16 and 17
(1) For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period: (a) starting when the employee started his or her period of service; and (b) ending on the sale day; if the employee had been retrenched on the sale day. (2) For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.
20 Division not to affect an employee’s post‑sale long service leave rights
To avoid doubt it is declared that this Division does not affect an employee’s post‑sale long service leave rights.
21 Saving—Long Service Leave Act
If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then: (a) despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and (b) that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.
Division 2—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988
22 Interpretation
Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.
23 Continued application of SRC Act
If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.
24 Transitional provisions relating to the SRC Act that relate to CSL body employees and former CSL body employees
(1) The SRC Act continues to apply on and after the sale day in relation to: (a) injuries suffered by employees of a CSL body before the sale day; and (b) loss of, or damage to, property incurred by employees of a CSL body before the sale day; including employees who have stopped being employees of a CSL body before the sale day. (2) For the purposes of subsection (1), the SRC Act continues to apply as if: (a) the CSL body continues to be a Commonwealth authority; and (b) the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.
25 Transitional provisions relating to Division 4A of Part VII of the SRC Act
(1) On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if: (a) the CSL body continues to be a Commonwealth authority; and (b) the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and (c) the following word and paragraph were added at the end of subsection 96H(1): “; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”. (2) If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.
26 Transitional provision relating to Part VIIIA of the SRC Act
On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.
27 Transitional provision relating to section 128A of the SRC Act
On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.
28 Notification of amount of salary etc. paid to employees of a CSL body
(1) This section applies to a CSL body that was a Commonwealth authority immediately before the sale day. (2) The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.
29 Refund of licence fee paid under the SRC Act
(1) If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula: View image in the official source where:
Licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.
No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.
(3) In this section:
licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.
30 Amendment of declarations under the SRC Act
(1) A notice published in the Gazette before the sale day that declares a CSL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body. (2) Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.
Division 3—Transitional and saving provisions in relation to superannuation and other retirement benefits
31 Saving—deferred benefits under the Superannuation Act 1922
(1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922. (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body. (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.
32 Saving—deferred benefits under the Superannuation Act 1976
(1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 139 of the Superannuation Act 1976. (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body. (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.
33 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976
(1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976. (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.
34 Saving—deferred benefits under the DFRDB Act
(1) This section applies if, immediately before the sale day, an employee of a CSL body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act. (2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a CSL body. (3) This section is subject to Division 3 of Part IX of the DFRDB Act.
35 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act
(1) This section applies if, immediately before the sale day, a period of employment of a person by a CSL body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act. (2) Despite employment by a CSL body having stopped being eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act, the period of eligible employment continues to be a period of eligible employment for the purposes of that Division.
36 Application—Superannuation Act 1922
On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to a CSL body.
37 Application—Superannuation Act 1976
On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1976.
38 Application—Superannuation Act 1990
On and after the sale day, a CSL body is not an approved authority for the purposes of the Superannuation Act 1990.
Division 4—Other transitional and saving provisions
39 Transitional maternity leave provisions relating to employees of CSL who are not on maternity leave immediately before the sale day
(1) This section applies if: (a) immediately before the sale day, a person was a female employee of CSL; and (b) within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if CSL had continued to be a prescribed authority for the purposes of that Act. (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if CSL continues to be a prescribed authority for the purposes of that Act.
40 Transitional maternity leave provisions relating to employees of CSL who are on maternity leave on or before the sale day
(1) This section applies if: (a) immediately before the sale day, a person was a female employee of CSL; and (b) on the sale day, the person is on leave granted under the Maternity Leave Act. (2) On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if CSL continues to be a prescribed authority for the purposes of that Act.
41 Saving—Crimes (Superannuation Benefits) Act 1989
(1) Subject to subsection (2), if a person who is an employee of a CSL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1988 continues to apply in relation to the person in respect of the offence as if the CSL body continues to be a Commonwealth authority. (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a CSL body after the sale day. (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CSL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day. (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of CSL, belongs to the Commonwealth. (5) If: (a) a person who was an employee of CSL before the sale day committed a corruption offence while such an employee; and (b) the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund; then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth. (6) Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.
42 Saving—Commonwealth Serum Laboratories Act 1961
Despite the repeal of section 40 of the Commonwealth Serum Laboratories Act 1961 by Schedule 1, that section continues to apply to CSL in relation to a financial year in which the Commonwealth owns a majority of the voting shares in CSL on a day during that financial year.
43 Saving—DPP Act
(1) Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with a CSL body because the CSL body stops being an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to: (a) acts or omissions that occurred before the sale day; and (b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a). (2) In this section:
DPP Act means the Director of Public Prosecutions Act 1983.
44 Saving—Judiciary Act 1903
(1) Despite section 46 of this Act, section 55E of the Judiciary Act 1903 continues to apply in relation to: (a) any proceedings to which CSL is a party that were started before the commencement of this section; and (b) any matter that an authorised person, by signed writing, certifies is a matter in relation to which CSL gave written instructions before the commencement of this section to the Australian Government Solicitor; and (c) any matter that an authorised person, by signed writing, certifies is a matter involving a claim against CSL in respect of which the Commonwealth has agreed to indemnify CSL; as if CSL were a body established by an Act. (2) A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate. (3) In this section:
authorised person means:
(a) the Secretary of the Attorney‑General’s Department; or
(b) an SES employee, or acting SES employee, in that Department.
45 Saving—Proceeds of Crime Act 1987
(1) Despite the amendment of the Proceeds of Crime Regulations by Part 5, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to CSL that were committed before the sale day as if CSL continued to be a GBE. (2) Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same respective meanings as in that Act.
Part 7—Other provisions relating to the sale of CSL
46 CSL not to be established by or under an Act or established by the Commonwealth
(1) On and after the sale day, CSL is not taken for the purposes of a law to be: (a) established by or under an Act; or (b) established by the Commonwealth; unless a law expressly provides otherwise. (2) To avoid doubt, it is declared that subsection (1) does not affect the operation of the Commonwealth Serum Laboratories Act 1961 or any other law before the commencement of this section. (3) In subsections (1) and (2):
law means:
(a) an Act of the Commonwealth or of a State or Territory; and
(b) regulations or other instrument made under such an Act.
47 Exemption from State and Territory taxes and fees
(1) No tax is payable under a law of a State or a Territory in respect of: (a) an exempt matter; or (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter. (2) An authorised person may in writing certify that: (a) a specified matter or thing is an exempt matter; or (b) a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter. (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate. (4) In this section:
authorised person means:
(a) the Minister; or
(b) the Secretary of the Department; or
(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.
exempt matter means:
(a) the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or
(b) the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or
(c) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or
(d) the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or
(e) the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or
(f) the operation of this Act.
tax means:
(a) stamp duty or any other tax; and
(b) a fee (other than a fee payable under the Corporations Law of a State or a Territory);
but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette.
48 Regulations connected with the sale of CSL
(1) Subsection 48 (2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that: (a) are connected with the sale of CSL; and (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of CSL; and (c) are expressed to take effect on the sale day. (2) Regulations covered by subsection (1) take effect on the sale day.
49 Cessation of mobility rights
(1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then that Division stops applying to the employee on the sale day. (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of a CSL body immediately before the sale day, then: (a) the Officers’ Rights Declaration Act 1928; and (b) Division 4 of Part IV of the Public Service Act 1922; stop applying to the employee on the sale day.
50 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991
(1) If a CSL body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the sale day occurs, then the CSL body is entitled to be paid the amount worked out using the following formula: View image in the official source where:
Contribution means the contribution paid by the CSL body in respect of that financial year.
No. of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the financial year in which the sale day occurs.
51 CSL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990
(1) A notice published in the Gazette before the sale day that declares a CSL body to be an eligible body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body. (2) A notice published in the Gazette before the sale day that declares a CSL body to be a relevant body for the purposes of the Supervisory Mechanisms Act is to have effect on and after the sale day as if it did not contain a reference to the CSL body. (3) Neither subsection (1) nor (2) prevents the declaration as affected by that subsection being amended or revoked by the Minister. (4) In subsection (3):
Minister has the same meaning as in the Supervisory Mechanisms Act.