Division 2Membership of TUSMA

### Division 2—Membership of TUSMA 53 Subdivision A of Division 2 of Part 3 Repeal the Subdivision. 54 Subdivision B of Division 2 of Part 3 (heading) Repeal the heading. Part 2—Transitional provisions for bodies ceasing to be bodies corporate Division 1—Introduction 55 Definitions In this Part: 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. commencement day means the day on which this Schedule commences. decorporatised body means: (a) the Australian Communications and Media Authority; or (b) the Australian Fisheries Management Authority; or (c) the Great Barrier Reef Marine Park Authority; or (d) the NEPC Service Corporation; or (e) the Telecommunications Universal Service Management Agency. instrument includes: (a) a contract, deed, undertaking, arrangement or agreement; and (b) a notice, authority, order or instruction; and (c) regulations; and (d) an instrument made under an Act or regulations; but does not include an Act. land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective. liability means any liability, duty or obligation, whether actual, contingent or prospective. responsible Minister has the meaning given by subitem 58(3). Division 2—General transitional provisions 56 Assets and liabilities (1) On the commencement day, the assets and liabilities of a decorporatised body cease to be assets and liabilities of the body and become assets and liabilities of the Commonwealth. (2) The Commonwealth becomes the successor in law in relation to those assets and liabilities. (3) If an instrument in force immediately before the commencement day: (a) contains a reference to a decorporatised body; and (b) relates to an asset or liability of the body that, under this item, becomes an asset or liability of the Commonwealth; the instrument has effect on and after that day as if the reference were a reference to the Commonwealth. (4) Subitem (3) does not apply to an instrument that is part of, or associated with a register referred to in item 58. (5) Subitem (3) does not, by implication, prevent the instrument from being varied or terminated after that day. 57 Legal proceedings If, immediately before the commencement day, a decorporatised body was a party to proceedings pending in any court or tribunal, the Commonwealth is substituted for the body as a party to the proceedings on and after that day. 58 Certificates relating to vesting of assets (1) If land vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the land, signs a certificate that: (a) identifies the land, whether by reference to a map or otherwise; and (b) states that the land has become vested in the Commonwealth under this Part; and (c) is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated; the Registrar or other officer may: (d) 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 (e) deal with, and give effect to, the certificate. (2) If an asset vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the asset, signs a certificate that: (a) identifies the asset; and (b) states that the asset has become vested in the Commonwealth under this Part; and (c) is lodged with 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 that kind; the person or authority may: (d) 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 (e) make such entries in the register as are necessary, having regard to the effect of this Part. (3) The responsible Minister, for land or another asset, is the Minister who is the responsible Minister (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the decorporatised body that held the land or other asset immediately before the commencement day. (4) A Minister may, by writing, delegate all or any of his or her powers under this item to: (a) the Secretary of the Department administered by that Minister; or (b) an SES employee, or acting SES employee, in that Department. In exercising powers under a delegation, the delegate must comply with any directions of that Minister. (5) A document that appears to be a certificate made under this item is taken, unless the contrary is established, to be such a certificate and to have been properly made. (6) A certificate made under this item is not a legislative instrument. 59 Employees (1) If a person was an employee of a decorporatised body immediately before the commencement of this Schedule, and that employment was not employment on behalf of the Commonwealth: (a) the person is taken, when this Schedule commences, to be employed under this Act as an employee of the Commonwealth without change to the terms and conditions of his or her employment; and (b) the person’s service as an employee of the decorporatised body is taken, for all purposes, to be continuous with his or her service as an employee of the Commonwealth. (2) Paragraph (1)(a) does not apply if a determination is made under section 72 of the Public Service Act 1999 that causes the person, when this Schedule commences, to become engaged under that Act as an employee of the Commonwealth. 60 Contracts etc. If a contract, agreement, arrangement or understanding, entered into by a decorporatised body, was in force immediately before the commencement day, it has effect, on and after that day, as if the Commonwealth had entered into it. 61 Exemption from stamp duty etc. No stamp duty or other tax is payable under a law of a State or Territory in respect of the following, or anything connected with the following: (a) the transfer of an asset or liability under this Part; (b) the operation of this Part in any other respect. Division 3—Miscellaneous 62 Compensation for acquisition of property (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), 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. Part 3—APVMA continuing as a body corporate Agricultural and Veterinary Chemicals (Administration) Act 1992 63 Subsection 7(3) (note) Repeal the note. 64 Sections 7AA and 7AB Repeal the sections. 65 Division 1 of Part 7 Repeal the Division, substitute: