114LOther terms and conditions

114L  Other terms and conditions

  The Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

114LA  Resignation

 (1) The Director may resign his or her appointment by giving the Minister a written resignation.

 (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

114LB  Termination of appointment

 (1) The Minister may terminate the appointment of the Director for misbehaviour or physical or mental incapacity.

 (2) The Minister may terminate the appointment of the Director if:

 (a) the Director:

 (i) becomes bankrupt; or

 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 (iii) compounds with his or her creditors; or

 (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or

 (b) the Director is absent, except on leave of absence, without reasonable excuse; or

 (c) the Director fails, without reasonable excuse, to comply with section 114H (outside employment); or

 (d) the Director fails, without reasonable excuse, to comply with section 114K (disclosure of interests).

114LC  Annual reports

  The Director must, as soon as practicable after 30 June in each year, prepare and give to the Minister, for presentation to the Parliament, a report on the Institute’s operations during the year ending on that 30 June.

Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

114LD  Delegation

 (1) The Director may delegate all or any of his or her functions or powers under this Part to an SES employee, or an acting SES employee, of the Institute. The delegation must be in writing.

Note: For other powers of delegation, see section 53 of the Financial Management and Accountability Act 1997 and section 78 of the Public Service Act 1999.

 (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Director.

10  Subsection 114M(3)

Omit “on behalf of the Institute and”.

11  Sections 114MA, 114MC, 114MD, and 114MF

Repeal the sections.

Part 2—Transitional provisions

Division 1—Preliminary

12  Definitions

(1) In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

amend includes repeal and remake.

asset means:

 (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

 (b) any right, power, privilege or immunity, whether actual, contingent or prospective.

assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.

Board means the Board of Management of the old Institute.

commencement time means the time when this Part commences.

instrument:

 (a) includes:

 (i) a contract, deed, undertaking or agreement; and

 (ii) a notice, authority, order or instruction; and

 (iii) an instrument made under an Act or regulations; and

 (iv) regulations; but

 (b) does not include an Act.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

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.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

new Institute means the Australian Institute of Family Studies established by the new law.

new law means the Family Law Act 1975 as in force immediately after the commencement time.

old Institute means the Australian Institute of Family Studies established by the old law.

old law means the Family Law Act 1975 as in force immediately before the commencement time.

 (2) Subject to subitem (1), an expression used in this Part that is also used in the new law has the same meaning in this Part as it has in the new law.

Division 2—Assets, liabilities and legal proceedings

13  Vesting of assets of old Institute

(1) This item applies to the assets of the old Institute immediately before the commencement time.

(2) At the commencement time, the assets to which this item applies cease to be assets of the old Institute and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.

14  Vesting of liabilities of old Institute

(1) This item applies to the liabilities of the old Institute immediately before the commencement time.

(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old Institute and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.

15  Certificates relating to vesting of land

(1) This item applies if:

 (a) any land vests in the Commonwealth under this Division; and

 (b) there is lodged with a land registration official a certificate that:

 (i) is signed by the Minister; and

 (ii) identifies the land, whether by reference to a map or otherwise; and

 (iii) states that the land has become vested in the Commonwealth under this Division.

Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 27.

(2) The land registration official may:

 (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

 (b) deal with, and give effect to, the certificate.

16  Certificates relating to vesting of assets other than land

(1) This item applies if:

 (a) any asset other than land vests in the Commonwealth under this Division; and

 (b) there is lodged with an assets official a certificate that:

 (i) is signed by the Minister; and

 (ii) identifies the asset; and

 (iii) states that the asset has become vested in the Commonwealth under this Division.

Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 27.

(2) The assets official may:

 (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

 (b) make such entries in the register as are necessary having regard to the effect of this Part.

17  Substitution of Commonwealth as a party to pending proceedings

If any proceedings to which the old Institute was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old Institute, from the commencement time, as a party to the proceedings.

18  Transfer of custody of old Institute records

(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of the old Institute.

(2) The records and documents are to be transferred into the custody of the Director at or after the commencement time.

19  Access by Board members to records

For the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the old Institute, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the Director.

Division 3—Reference to, and things done by or in relation to, old Institute

20  References in instruments

References to old Institute taken to be references to Director or Commonwealth

 (b) the instrument contains a reference to the old Institute (including a reference to the Board);

the instrument has effect from the commencement time as if the reference were a reference to the Director.

(2) However, if:

 (b) the instrument relates to assets or liabilities covered by item 13 or 14; and

 (c) the instrument refers to the old Institute (including a reference to the Board);

the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 13 or 14, as the case requires.

References to staff of old Institute taken to be references to staff of new Institute

 (b) the instrument contains a reference to a member of the staff of the old Institute;

the instrument has effect from the commencement time as if the reference to the member of the staff of the old Institute were a reference to a member of the staff of the new Institute.

Minister and regulations may provide otherwise

(4) The Minister may, by legislative instrument, determine that subitem (1), (2) or (3):

 (a) does not apply in relation to a specified reference; or

 (b) applies as if:

 (i) in the case of subitem (1)—the reference in that subitem to the Director were a reference to the Commonwealth; or

 (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the Director; or

 (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the new Institute were a reference to the Director.

A determination under this subitem has effect accordingly.

(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:

 (a) in the case of an instrument covered by subitem (1) or (2)—the reference were a reference to a specified person or body other than the Commonwealth or the Director; or

 (b) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the Director or a member of the staff of the new Institute.

21  Operation of laws

Things done by old Institute taken to be done by Director

(1) If, before the commencement time, a thing was done by, or in relation to, the old Institute (including the Board), then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the Director.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

Minister and regulations may provide otherwise

(3) The Minister may, by legislative instrument, determine that subitem (1):

 (a) does not apply in relation to a specified thing done by, or in relation to, the old Institute; or

 (b) applies as if the reference in that subitem to the Director were a reference to the Commonwealth.

A determination under this subitem has effect accordingly.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the Director.

Meaning of doing

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

22  Financial statements and other reporting requirements

Reporting requirements

 (a) immediately before the commencement time, a law required the old Institute (including the Director) to provide a report (whether financial statements or otherwise) for a period; and

 (b) the period ends after the commencement time;

the Director must provide the report, as required, for so much of the period as occurs before the commencement time.

 (a) under subitem (1), the Director is required to provide a report for a part of a period; and

 (b) the Director is also required to provide a similar report for the remainder of the period;

the Director may meet the requirements in a single report for the period.

Outstanding reporting requirements

 (a) a law required the old Institute (including the Director) to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

 (b) the report has not been provided by the commencement time;

the Director must provide the report as required.

23  Director

(1) The person holding office as Director under subsection 114C(4) of the old law immediately before the commencement time continues, on and after that time, by force of this item, to hold office as the Director.

(2) The person referred to in subitem (1):

 (a) is taken to have been duly appointed by the Minister under subsection 114D(1) of the new law for the balance of the term of appointment under section 114E of the old law; and

 (b) is taken to have been so appointed on the same terms and conditions as applied to the person immediately before the commencement time.

Division 4—Miscellaneous

24  Appropriation of money

(1) For the purposes of the operation of an Appropriation Act after the commencement time, references to the old Institute are to be read as references to the new Institute.

(2) If an amount of money (the original amount) becomes an asset of the Commonwealth under item 13 of this Schedule, an amount equal to the original amount may be paid out of the Consolidated Revenue Fund, which is appropriated accordingly, for the purposes of the new Institute.

(3) In this item:

Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.

25  Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:

 (a) the transfer of an asset or liability under this Part; or

 (b) the operation of this Part in any other respect.

26  Constitutional safety net—acquisition of property

(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

27  Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

 (a) is taken to be such a certificate; and

 (b) is taken to have been properly given;

unless the contrary is established.

28  Delegation by Minister

(1) The Minister may delegate all or any of his or her powers and functions under this Part to the Secretary of the Department or to the Director. The delegation must be in writing.

(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.

(3) A power or function delegated to the Director under subitem (1) must not be sub‑delegated under subsection 114LD(1) of the new law.

29  Regulations

(1) The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Part to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.