Tourism Australia (Repeal and Transitional Provisions) Act 2004
In ForceCTH
Jurisdiction
Commonwealth
Act Number
75 of 2004
Collection
act
Plain English Summary
4/10 complexity
This Act repeals the Australian Tourist Commission Act 1987 and moves the Commission’s assets, liabilities, contracts and staff into the newly created Tourism Australia. It sets out automatic vesting, rules for registering transferred land and other assets, substitution of Tourism Australia in court proceedings, staff continuity (including maternity leave), ministerial declaration powers to move Commonwealth assets/liabilities, and exemptions from State/Territory stamp duties.
Mechanically, the Tourism Australia (Repeal and Transitional Provisions) Act 2004 (the Act) repeals the Australian Tourist Commission Act 1987 (s 5) and supplies a suite of transitional rules that move assets, liabilities, contracts, staff and certain functions from the Australian Tourist Commission (ATC) and related Commonwealth programs into the new statutory entity Tourism Australia created by the Tourism Australia Act 2004. The central transfer rule is that, on the proclamation day, assets and liabilities that were those of the ATC cease to be assets and liabilities of the ATC and become assets and liabilities of Tourism Australia without any conveyance, transfer or assignment; Tourism Australia becomes the ATC’s successor in law in respect of those items (s 6(1)-(2)). The Act replicates this mechanism for the Bureau of Tourism Research (ss 19-21), the Tourism Forecasting Council (ss 28-30) and other Commonwealth assets such as tourism trade marks (ss 37-39), doing so by authorising written declarations of vesting by the Minister rather than by individual conveyances.
The Act provides practical registration and evidentiary mechanisms. For land interests vested in Tourism Australia, a certificate signed by the Secretary and lodged with the appropriate land registration official permits registration in a manner the official considers the same as, or similar to, ordinary dealings in land of that kind (s 7). For non‑land assets, a like certificate lodged with an “assets official” enables that official to treat the certificate as a proper instrument and make necessary register entries (ss 8, 22, 31, 40). The Act also substitutes Tourism Australia for the ATC (or the Commonwealth) as party to proceedings that are pending and relate to the transferred asset or liability (ss 9, 24, 33, 42).
Employment continuity is addressed: persons employed under s 42 of the Australian Tourist Commission Act 1987 immediately before proclamation day cease to be employees of the ATC and are taken to have been engaged by Tourism Australia under s 55 of the Tourism Australia Act 2004 on that day (s 12). Transferred employees are taken to be employed on the same terms and conditions and to have continuous service for all purposes (s 13). The Act preserves certain maternity leave entitlements by continued application of the Maternity Leave (Commonwealth Employees) Act 1973 for defined cohorts of transferred staff (ss 15-16, 25-26, 34-35).
Current sections
Direct links to the current provisions in Tourism Australia (Repeal and Transitional Provisions) Act 2004.
58
Part 1
Preliminary
Part 1—Preliminary
1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Tourism Australia (Repeal and Transitional Provisions) Act 2004.
2
Commencement [see Note 1]
2 Commencement [see Note 1]
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3
Extended geographical application of this Act
3 Extended geographical application of this Act
(1) This Act extends to every external Territory.
(2) This Act applies both within and outside Australia.
4
Definitions
4 Definitions
(1) In this Act:
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 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.
ATC means the Australian Tourist Commission continued in existence under the Australian Tourist Commission Act 1987.
Australia, when used in a geographical sense, includes the external Territories.
contract includes:
(a) a deed; and
(b) a deed poll.
instrument includes a document.
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.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the proclamation day.
proclamation day means the day on which sections 3 to 64 of the Tourism Australia Act 2004 commence.
Tourism Australia means the body corporate established by section 5 of the Tourism Australia Act 2004.
transferred employee means a person whose employment is transferred under section 12.
(2) Expressions used in this Act that are defined in the Tourism Australia Act 2004 have the same meanings as they have in that Act.
Part 2
Repeal of the Australian Tourist Commission Act 1987
Part 2—Repeal of the Australian Tourist Commission Act 1987
5
Repeal of the Australian Tourist Commission Act 1987
5 Repeal of the Australian Tourist Commission Act 1987
The Australian Tourist Commission Act 1987 is repealed.
Part 3
Transitional provisions relating to the repeal of the Australian Tourist Commission Act 1987
Part 3—Transitional provisions relating to the repeal of the Australian Tourist Commission Act 1987
6
Transfer of assets and liabilities
6 Transfer of assets and liabilities
(1) This section applies to:
(a) the assets of the ATC; and
(b) the liabilities of the ATC.
(2) On the proclamation day:
(a) the assets and liabilities cease to be assets and liabilities of the ATC and become assets and liabilities of Tourism Australia without any conveyance, transfer or assignment; and
(b) Tourism Australia becomes the ATC’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of Tourism Australia.
7
Registration of land transfers
7 Registration of land transfers
(1) This section applies if:
(a) any right, title or interest in particular land vests in Tourism Australia under this Part; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the right, title or interest has become vested in Tourism Australia under this Part.
(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.
8
Certificates in relation to assets other than land
8 Certificates in relation to assets other than land
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia under this Part.
(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.
9
Transfer of pending proceedings
9 Transfer of pending proceedings
(1) This section applies if, as a result of a transfer made under this Part, Tourism Australia becomes the successor in law of the ATC at a particular time in relation to a particular asset or liability.
(2) If any proceedings to which the ATC was a party:
(a) were pending in any court or tribunal immediately before that time; and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the ATC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.
10
References in certain instruments
10 References in certain instruments
(1) An instrument to which subsection (2) applies continues to have effect on and after the proclamation day as if a reference in the instrument to the ATC were a reference to Tourism Australia.
(2) This subsection applies to an instrument if it is:
(a) in operation immediately before the proclamation day; and
(b) an instrument:
(i) to which the ATC is a party; or
(ii) which was given to, or in favour of, the ATC; or
(iii) in which a reference is made to the ATC; or
(iv) under which any right or liability accrues or may accrue to the ATC.
(3) In this section:
instrument does not include regulations or any other instrument made under the Superannuation Act 1922, the Superannuation Act 1976 or the Superannuation Act 1990.
11
Exemption from stamp duty and other State or Territory taxes
11 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt matter.
(3) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) is prima facie evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 6;
(b) the transfer of a liability under section 6;
(c) the operation of this Part in any other respect.
12
Transfer of staff
12 Transfer of staff
Each person employed under section 42 of the Australian Tourist Commission Act 1987 immediately before the proclamation day ceases to be employed by the ATC on the proclamation day and is taken to have been engaged as an employee of Tourism Australia under section 55 of the Tourism Australia Act 2004 on that day.
13
Terms and conditions of transferred employees
13 Terms and conditions of transferred employees
(1) A transferred employee is taken:
(a) to have been engaged by Tourism Australia on the same terms and conditions as those that applied to the person, immediately before the proclamation day, as an employee of the ATC; and
(b) to have accrued an entitlement to benefits, in connection with that engagement by Tourism Australia, that is equivalent to the entitlement that the person had accrued, as an employee of the ATC, immediately before the proclamation day.
(2) The service of a transferred employee as an employee of Tourism Australia is taken, for all purposes, to have been continuous with the service, immediately before the proclamation day, of the employee as an employee of the ATC.
(3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the ATC as a result of this Part.
(4) This section:
(a) has effect subject to this Part; and
(b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.
14
Variation of terms and conditions of employment
14 Variation of terms and conditions of employment
(1) This Part does not prevent the terms and conditions of a transferred employee’s employment on and after the proclamation day from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions, includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and conditions.
15
Maternity leave starting before proclamation day
15 Maternity leave starting before proclamation day
(1) This section applies in relation to a female transferred employee if:
(a) immediately before the proclamation day, she was on leave granted under the Maternity Leave Act; and
(b) she would have been entitled to have remained on that leave on and after the proclamation day if she had continued to be an employee of the ATC.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which the leave was granted as if Tourism Australia were a prescribed authority for the purposes of that Act.
16
Maternity leave starting after proclamation day
16 Maternity leave starting after proclamation day
(1) This section applies in relation to a female transferred employee if, within 9 months after the proclamation day, she would have been entitled to start leave granted under the Maternity Leave Act if she had continued to be an employee of the ATC.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which she would have been entitled to leave as if Tourism Australia were a prescribed authority for the purposes of that Act.
17
Final annual report
17 Final annual report
(1) For each transitional reporting period, the government member of the Board of Tourism Australia must, in relation to the ATC, prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997. The report must include the matters mentioned in section 28 of the Australian Tourist Commission Act 1987.
(2) If the proclamation day is 1 July 2004, the 2003‑04 financial year is a transitional reporting period.
(3) If the proclamation day is after 1 July 2004 but is, or is before, 1 October 2004, the period that:
(a) starts at the beginning of 1 July 2003; and
(b) ends immediately before the proclamation day;
is a transitional reporting period.
(4) If the proclamation day is after 1 October 2004:
(a) the 2003‑04 financial year is a transitional reporting period; and
(b) the period that:
(i) starts at the beginning of 1 July 2004; and
(ii) ends immediately before the proclamation day;
is a transitional reporting period.
(5) For the purposes of this section, a transitional reporting period mentioned in subsection (3) or paragraph (4)(b) is to be treated as a financial year.
(6) The expenses of preparation of the report are to be paid or discharged by Tourism Australia.
(7) Tourism Australia must provide the government member with any assistance that the government member reasonably requires to meet his or her obligation under subsection (1).
(8) The obligation under section 9 of the Commonwealth Authorities and Companies Act 1997 imposed on the final directors of the ATC to prepare an annual report is satisfied if the report is prepared by the government member of the Board of Tourism Australia.
(9) In this section:
director has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
final director means a person who was a director immediately before the proclamation day.
Part 4
Transitional provisions: Bureau of Tourism Research
Part 4—Transitional provisions: Bureau of Tourism Research
18
Definition
18 Definition
In this Part:
Bureau of Tourism Research means the intergovernmental program administered within the Commonwealth Department of Industry, Tourism and Resources that, before the proclamation day, was generally known as the “Bureau of Tourism Research”.
19
Transfer of assets from Commonwealth to Tourism Australia
19 Transfer of assets from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to an asset of the Commonwealth that relates to the Bureau of Tourism Research:
(a) a declaration that the asset vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth or the Bureau of Tourism Research were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the asset on the proclamation day.
Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
20
Transfer of liabilities from Commonwealth to Tourism Australia
20 Transfer of liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to a liability of the Commonwealth that relates to the Bureau of Tourism Research:
(a) a declaration that the liability vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth or the Bureau of Tourism Research were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the liability on the proclamation day.
Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
21
Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
21 Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, declare that the Commonwealth’s rights and liabilities under a specified BTR contract:
(a) cease to be rights and liabilities of the Commonwealth on the proclamation day; and
(b) become rights and liabilities of Tourism Australia on that day.
(2) The Minister may, in writing, declare that a specified BTR contract continues to have effect on and after the proclamation day as if a reference in the contract to the Commonwealth or the Bureau of Tourism Research were a reference to Tourism Australia.
(3) The Minister may, in writing, declare that a specified instrument relating to a specified BTR contract continues to have effect, after the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia, as if a reference in the instrument to the Commonwealth or the Bureau of Tourism Research were a reference to Tourism Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and liabilities under a specified BTR contract, when the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 19 or 20.
Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
(7) In this section:
BTR contract means a contract (other than a contract of employment):
(a) to which the Commonwealth is a party; and
(b) that relates to the Bureau of Tourism Research.
22
Certificates in relation to assets other than land
22 Certificates in relation to assets other than land
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia under this Part.
(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.
23
Exemption from stamp duty and other State or Territory taxes
23 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt matter.
(3) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) is prima facie evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 19;
(b) the transfer of a liability under section 20;
(c) the transfer of a right or liability under section 21;
(d) the operation of this Part in any other respect.
24
Transfer of pending proceedings
24 Transfer of pending proceedings
(1) This section applies if, as a result of a declaration made under this Part, Tourism Australia becomes the successor in law of the Commonwealth at a particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time; and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the Commonwealth as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.
25
Maternity leave starting before proclamation day
25 Maternity leave starting before proclamation day
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS employee involved in administering the Bureau of Tourism Research; and
(b) on and after the proclamation day, she is covered by a determination under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia; and
(d) immediately before the proclamation day, she was on leave granted under the Maternity Leave Act; and
(e) she would have been entitled to have remained on that leave on and after the proclamation day if she had continued to be an APS employee involved in administering the Bureau of Tourism Research.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which the leave was granted as if Tourism Australia were a prescribed authority for the purposes of that Act.
26
Maternity leave starting after proclamation day
26 Maternity leave starting after proclamation day
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS employee involved in administering the Bureau of Tourism Research; and
(b) on and after the proclamation day, she is covered by a determination under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia; and
(d) within 9 months after the proclamation day, she would have been entitled to start leave granted under the Maternity Leave Act if she had continued to be an APS employee involved in administering the Bureau of Tourism Research.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which she would have been entitled to leave as if Tourism Australia were a prescribed authority for the purposes of that Act.
Part 5
Transitional provisions: Tourism Forecasting Council
Part 5—Transitional provisions: Tourism Forecasting Council
27
Definition
27 Definition
In this Part:
Tourism Forecasting Council means the Council that, before the proclamation day, was generally known as the “Tourism Forecasting Council”.
28
Transfer of assets from Commonwealth to Tourism Australia
28 Transfer of assets from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to an asset of the Commonwealth that relates to the Tourism Forecasting Council:
(a) a declaration that the asset vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth or the Tourism Forecasting Council were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the asset on the proclamation day.
Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
29
Transfer of liabilities from Commonwealth to Tourism Australia
29 Transfer of liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to a liability of the Commonwealth that relates to the Tourism Forecasting Council:
(a) a declaration that the liability vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth or the Tourism Forecasting Council were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the liability on the proclamation day.
Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
30
Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
30 Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, declare that the Commonwealth’s rights and liabilities under a specified TFC contract:
(a) cease to be rights and liabilities of the Commonwealth on the proclamation day; and
(b) become rights and liabilities of Tourism Australia on that day.
(2) The Minister may, in writing, declare that a specified TFC contract continues to have effect on and after the proclamation day as if a reference in the contract to the Commonwealth or the Tourism Forecasting Council were a reference to Tourism Australia.
(3) The Minister may, in writing, declare that a specified instrument relating to a specified TFC contract continues to have effect, after the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia, as if a reference in the instrument to the Commonwealth or the Tourism Forecasting Council were a reference to Tourism Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and liabilities under a specified TFC contract, when the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 28 or 29.
Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
(7) In this section:
TFC contract means a contract (other than a contract of employment):
(a) to which the Commonwealth is a party; and
(b) that relates to the Tourism Forecasting Council.
31
Certificates in relation to assets other than land
31 Certificates in relation to assets other than land
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia under this Part.
(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.
32
Exemption from stamp duty and other State or Territory taxes
32 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt matter.
(3) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) is prima facie evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 28;
(b) the transfer of a liability under section 29;
(c) the transfer of a right or liability under section 30;
(d) the operation of this Part in any other respect.
33
Transfer of pending proceedings
33 Transfer of pending proceedings
(1) This section applies if, as a result of a declaration made under this Part, Tourism Australia becomes the successor in law of the Commonwealth at a particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time; and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the Commonwealth as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.
34
Maternity leave starting before proclamation day
34 Maternity leave starting before proclamation day
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS employee involved in administering the Tourism Forecasting Council; and
(b) on and after the proclamation day, she is covered by a determination under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia; and
(d) immediately before the proclamation day, she was on leave granted under the Maternity Leave Act; and
(e) she would have been entitled to have remained on that leave on and after the proclamation day if she had continued to be an APS employee involved in administering the Tourism Forecasting Council.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which the leave was granted as if Tourism Australia were a prescribed authority for the purposes of that Act.
35
Maternity leave starting after proclamation day
35 Maternity leave starting after proclamation day
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS employee involved in administering the Tourism Forecasting Council; and
(b) on and after the proclamation day, she is covered by a determination under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia; and
(d) within 9 months after the proclamation day, she would have been entitled to start leave granted under the Maternity Leave Act if she had continued to be an APS employee involved in administering the Tourism Forecasting Council.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which she would have been entitled to leave as if Tourism Australia were a prescribed authority for the purposes of that Act.
Part 6
Transitional provisions: other Commonwealth assets and liabilities
Part 6—Transitional provisions: other Commonwealth assets and liabilities
36
Definition
36 Definition
In this Part:
tourism trade mark means a trade mark of which the Commonwealth is the registered owner and that was, at any time before the proclamation day, licensed for use by See Australia Limited ACN 47 087 917 468.
37
Transfer of assets from Commonwealth to Tourism Australia
37 Transfer of assets from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to an asset of the Commonwealth that is, or relates to, a tourism trade mark:
(a) a declaration that the asset vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the asset on the proclamation day.
Note: An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
38
Transfer of liabilities from Commonwealth to Tourism Australia
38 Transfer of liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, make any or all of the following declarations in relation to a liability of the Commonwealth that is, or relates to, a tourism trade mark:
(a) a declaration that the liability vests in Tourism Australia on the proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability continues to have effect on and after the proclamation day as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s successor in law in relation to the liability on the proclamation day.
Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
39
Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
39 Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
(1) The Minister may, in writing, declare that the Commonwealth’s rights and liabilities under a specified tourism trade mark contract:
(a) cease to be rights and liabilities of the Commonwealth on the proclamation day; and
(b) become rights and liabilities of Tourism Australia on that day.
(2) The Minister may, in writing, declare that a specified tourism trade mark contract continues to have effect on and after the proclamation day as if a reference in the contract to the Commonwealth were a reference to Tourism Australia.
(3) The Minister may, in writing, declare that a specified instrument relating to a specified tourism trade mark contract continues to have effect, after the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia, as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and liabilities under a specified tourism trade mark contract, when the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 37 or 38.
Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
(7) In this section:
tourism trade mark contract means a contract:
(a) to which the Commonwealth is a party; and
(b) that relates to a tourism trade mark.
40
Certificates in relation to assets other than land
40 Certificates in relation to assets other than land
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia under this Part.
(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.
41
Exemption from stamp duty and other State or Territory taxes
41 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt matter.
(3) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) is prima facie evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 37;
(b) the transfer of a liability under section 38;
(c) the transfer of a right or liability under section 39;
(d) the operation of this Part in any other respect.
42
Transfer of pending proceedings
42 Transfer of pending proceedings
(1) This section applies if, as a result of a declaration made under this Part, Tourism Australia becomes the successor in law of the Commonwealth at a particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time; and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the Commonwealth as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.
Part 7
Other matters
Part 7—Other matters
43
Certificates taken to be authentic etc.
43 Certificates taken to be authentic etc.
A document that appears to be a certificate, declaration or other document made or issued under this Act or the regulations:
(a) is taken to be such a certificate, declaration or other document; and
(b) is taken to have been properly given;
unless the contrary is established.
44
Operation of Archives Act
44 Operation of Archives Act
(1) This Act does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of that Act.
(2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under this Part unless the National Archives of Australia has given permission under paragraph 24(2)(b) of the Archives Act 1983.
45
Publication of declarations
45 Publication of declarations
(1) A copy of a declaration under this Act or the regulations is to be published in the Gazette within 14 days after the making of the declaration or the proclamation day, whichever is later.
(2) Failure to comply with this section does not affect the validity of a declaration.
46
Delegation by Minister
46 Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Act or the regulations to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
47
Delegation by Secretary
47 Delegation by Secretary
(1) The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act to an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.
48
Constitutional safety net
48 Constitutional safety net
(1) If:
(a) a provision of this Act would result in an acquisition of property; and
(b) the provision would not be valid, apart from this section, because a particular person has not been compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or
(d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
49
Interim Board of Tourism Australia—calling a meeting
49 Interim Board of Tourism Australia—calling a meeting
(1) During the interim period, the Tourism Australia Act 2004 has effect as if paragraph 22(3)(b) had been repealed and the following paragraph had been substituted:
(b) must convene a meeting if requested in writing by one or more other members.
(2) In this section:
interim period means the period that commences on the proclamation day and ends on the earlier of the following:
(a) the first day on which there are in effect 5 or more appointments to the Board of Tourism Australia under section 13 of the Tourism Australia Act 2004;
(b) the end of the period of 6 months commencing on the proclamation day.
50
Interim Board of Tourism Australia—quorum
50 Interim Board of Tourism Australia—quorum
(1) During the interim period, the Tourism Australia Act 2004 has effect as if subsection 24(1) had been repealed and the following subsection had been substituted:
(1) At a meeting of the Board a quorum is constituted by a majority of the members then holding office.
(2) In this section:
interim period means the period that commences on the proclamation day and ends on the earlier of the following:
(a) the first day on which there are in effect 5 or more appointments to the Board of Tourism Australia under section 13 of the Tourism Australia Act 2004;
(b) the end of the period of 6 months commencing on the proclamation day.
51
Regulations
51 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made dealing with other transitional matters arising out of the repeal of the Australian Tourist Commission Act 1987 and the enactment of this Act and the Tourism Australia Act 2004.
(3) The regulations may empower the Minister to make declarations dealing with matters arising out of the repeal of the Australian Tourist Commission Act 1987 and the enactment of this Act and the Tourism Australia Act 2004.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Tourism Australia (Repeal and Transitional Provisions) Act 2004.
2 Commencement [see Note 1]
2 Commencement [see Note 1]
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The Act removes the need to pay stamp duty or State/Territory taxes in relation to specified transfers and related matters by making such matters exempt, and it empowers the Minister to certify what is an exempt matter; any such certificate is prima facie evidence of the matters stated (ss 11, 23, 32, 41). The Minister is given power to make the written declarations that create vesting (for Bureau/Forecasting Council/trade mark matters), and the Governor-General may make regulations to prescribe matters necessary to carry out the Act, including empowering the Minister further (s 51(1)-(3)).
Administrative details include publication requirements (declarations to be published in the Gazette within 14 days, s 45), delegated decision‑making (Minister and Secretary may delegate powers, ss 46-47), and restrictions on handling Commonwealth records (transfers must comply with the Archives Act 1983 and National Archives permission is required, s 44). A constitutional safety net requires compensation where a provision results in an acquisition of property otherwise invalid under the Constitution; compensation is to be agreed or determined by a court (s 48).
The act extends to every external Territory and applies both within and outside Australia (s 3). Commencement dates are set out in the Act’s commencement table: core parts commence on Royal Assent (23 June 2004) while Part 2 (repeal of the 1987 Act) commences at the same time as certain parts of the Tourism Australia Act 2004 (proclamation day, e.g. 1 July 2004 in the original table) (s 2 and its table). The Act is therefore predominantly transitional and administrative: it implements structural change by operation of law and by Ministerial instrument rather than by requiring individual transfers or registrable conveyances.
Main concepts
The Act operates through a small number of repeating legal devices and definitions which are the core concepts for interpreting and using it.
Vesting by operation and Ministerial declaration. For transfers from the ATC the Act provides automatic vesting on the proclamation day (s 6). For assets and liabilities connected to the Bureau of Tourism Research, the Tourism Forecasting Council, and other Commonwealth tourism assets (notably tourism trade marks), the mechanism is a Ministerial written declaration that an asset or liability vests in Tourism Australia without conveyance, transfer or assignment (ss 19(1)(a), 20(1)(a), 28(1)(a), 29(1)(a), 37(1)(a), 38(1)(a)). The declarations may also specify that instruments or contracts continue as if references to the old body were references to Tourism Australia (e.g. ss 19(1)(b), 21(2), 30(2), 39(2)). The Act repeatedly notes that a specified asset, contract or instrument may be identified by name or class (see notes in ss 19, 21, 28, 30, 37, 39).
Successor in law and substitution in proceedings. Where vesting occurs, Tourism Australia becomes the ATC’s (or the Commonwealth’s) successor in law in relation to the asset or liability (s 6(2); ss 19(1)(c), 20(1)(c), 28(1)(c), 29(1)(c), 37(1)(c), 38(1)(c)). For pending litigation or tribunal proceedings that relate to an asset or liability that is transferred, the Act substitutes Tourism Australia for the original party “by force of” the relevant subsection (ss 9(2), 24(2), 33(2), 42(2)). The substitution operates without a separate court order and is limited to the extent the proceedings relate to the transferred item.
Certificates and registration facilitation. The Act provides a standard certificate apparatus. A certificate signed by the Secretary that identifies the asset and states it has vested in Tourism Australia can be lodged with land or asset registration officials. Land registration officials may register the matter in a way the same or similar to comparable dealings (s 7). “Assets officials” may treat the certificate as a proper instrument and make register entries (ss 8, 22, 31, 40). These provisions are permissive , the official “may” take the action , but they create a statutory path for records and title updates.
Tax/stamp duty exemptions. The Act declares that no stamp duty or other State or Territory tax is payable in respect of an “exempt matter” (variously defined in ss 11(4), 23(4), 32(4), 41(4)). The Minister can certify that a specified matter is an exempt matter and certificates are prima facie evidence in non‑criminal proceedings (see ss 11-12 pattern across Parts 3-6).
Employee transfer and entitlements. Each person employed under s 42 of the ATC Act immediately before proclamation ceases employment with the ATC and is taken to have been engaged by Tourism Australia under the new Act on that day (s 12). Transferred employees retain terms and accrued entitlements equivalent to those before the transfer, and service is treated as continuous (s 13(1)-(2)). The Act explicitly says transferred employees are not entitled to a payment merely because they stopped being ATC employees as a result of the transfer (s 13(3)). The Act preserves maternity leave rights for certain staff by continued application of the Maternity Leave (Commonwealth Employees) Act 1973 in tailored circumstances (ss 15-16, 25-26, 34-35).
Delegation and administrative control. The Minister may delegate powers under the Act to the Secretary or SES employees in the Department (s 46). The Secretary may delegate to SES employees (s 47). Delegates must comply with directions of the delegator (ss 46(2), 47(2)). Regulations may be made by the Governor‑General to deal with transitional matters and may empower the Minister to make the declarations needed for vesting (s 51).
Evidence and publication. Certificates, declarations or other documents that “appear to be” issued under the Act are taken to be authentic and properly given unless the contrary is established (s 43). Declarations made under the Act or the regulations must be published in the Gazette within 14 days after making of the declaration or the proclamation day, whichever is later (s 45(1)); failure to publish does not affect validity (s 45(2)).
Constitutional safety net. If a provision of the Act results in an acquisition of property which would otherwise be invalid for want of compensation, the Commonwealth must pay reasonable compensation agreed or, failing agreement, determined by a court (s 48). Damages or compensation recovered in other proceedings are to be taken into account in assessing compensation under s 48(2).
These concepts are repeated across the Parts that handle different classes of assets/organisations (ATC, Bureau, Forecasting Council, trade marks) producing a modular, declaratory approach to effecting the institutional change.
Who it affects
Primary parties affected by the Act are the Commonwealth, Tourism Australia, the ATC (in its pre‑existing corporate form), Commonwealth employees related to the ATC and related programs, State and Territory registration and taxation authorities, land and asset registries, and third parties to contracts, proceedings and instruments involving transferred assets and liabilities.
Tourism Australia. Tourism Australia becomes the legal owner and debtor for assets and liabilities vested under the Act (s 6(2) and the ministerial declaration provisions in Parts 4-6). It is the immediate recipient of fiscal, contractual and operational responsibilities that belonged to the ATC or the Commonwealth programs specified.
Former ATC and Commonwealth programs. The ATC ceases to hold the assets and liabilities specified; its governing Act is repealed (s 5). The Bureau of Tourism Research and the Tourism Forecasting Council lose their prior Commonwealth status where the Minister declares transfers (ss 19-21, 28-30). For intellectual property (e.g. tourism trade marks), the Commonwealth’s registered ownership and associated contracts can be declared vested in Tourism Australia (ss 37-39).
Employees. Transferred employees covered by s 12 (persons employed under s 42 of the ATC Act immediately before proclamation day) are treated as employees of Tourism Australia under s 55 of the Tourism Australia Act 2004 from the proclamation day (s 12). They retain equivalent terms and entitlements and continuous service for all purposes (s 13(1)-(2)). APS employees who were administering the Bureau or Forecasting Council and who become Tourism Australia employees under Public Service Act determinations are given maternity leave protection under the Maternity Leave Act for qualifying cases (ss 25-26, 34-35).
Third‑party contractual counterparties. Where the Minister declares that a specified contract continues in effect with Tourism Australia substituted for the Commonwealth (ss 21(2)-(4), 30(2)-(4), 39(2)-(4)), counterparties see a change in the contracting party and in the entity with rights and obligations. The Act expressly contemplates that contracts may be identified by class (notes to ss 21, 30, 39).
State and Territory authorities. Land registration officials and assets officials are directed (permissively) to register or give effect to certificates evidencing vesting (ss 7, 8, 22, 31, 40). State and Territory taxation authorities lose the ability to impose stamp duty or other taxes on exempt matters described in the Act (ss 11(1), 23(1), 32(1), 41(1)). The Act empowers the Minister to certify exempt matters, and certificates are prima facie evidence in non‑criminal proceedings (for the relevant Part's certificate provision).
Courts and tribunals. The Act substitutes Tourism Australia for the ATC or the Commonwealth as party to pending proceedings relating to transferred assets or liabilities (ss 9, 24, 33, 42). This produces immediate procedural effects on litigation lists, without the need for separate assignment steps.
National Archives. Transfers of Commonwealth records remain governed by the Archives Act 1983 and require permission from the National Archives before transfer to a person under the Act may occur (s 44(1)-(2)).
Minister, Secretary and departmental SES. The Minister and the Secretary are decision‑makers under the Act. The Minister makes the declarations that effect transfers for parts of the Act (e.g. ss 19(1), 20(1)), and both the Minister and Secretary may delegate powers to SES employees, who must comply with directions (ss 46-47). The Act thus affects the department's administrative workload and discretionary decision‑making.
Financial effects are concentrated. Tourism Australia inherits asset values and liabilities. Stamp duty exemptions shift revenue consequences to State/Territory treasuries (ss 11, 23, 32, 41). The Commonwealth may be liable for compensation under the constitutional safety net if a transfer amounts to an acquisition of property (s 48): that imposes a possible fiscal exposure on the Commonwealth.
Key duties and rights
The Act establishes a small number of duties, rights, administrative obligations and privileges. Many of them are framed as permissive powers rather than absolute obligations; the exercise of administrative discretion and the formalities required are central.
Automatic vesting and successor status (duty of effect). On proclamation day, assets and liabilities of the ATC vest in Tourism Australia and Tourism Australia becomes the ATC's successor in law with respect to those assets and liabilities (s 6(2)). For Bureau, Forecasting Council and other specified Commonwealth assets the Minister is empowered to make written declarations causing vesting (ss 19-21, 28-30, 37-39). The right to vest without conveyance reduces the need for transactional steps in private law conveyancing.
Certificate requirements and registries (procedural duty/right). Where land or other assets vest in Tourism Australia, a certificate signed by the Secretary that identifies the land or asset and states the vesting (ss 7(1)(b)(iii), 8(1)(b)(iii) etc.) can be lodged with land registration officials or assets officials. Those officials may register or give effect to the certificate and make necessary entries (ss 7(2), 8(2), 22(2), 31(2), 40(2)). The statute therefore gives Tourism Australia (through the Secretary) a right to rely on a streamlined record for registration; however the registration official retains discretion to determine the manner of registration by use of “may”.
Substitution in proceedings (procedural right). Where vesting results in Tourism Australia becoming successor in law, the Act provides that Tourism Australia is substituted for the ATC or the Commonwealth in pending proceedings to the extent those proceedings relate to the asset or liability (ss 9(2), 24(2), 33(2), 42(2)). Third parties have the right to continue proceedings against the successor entity.
Ministerial certification and prima facie evidence (evidentiary power). The Minister may certify an “exempt matter” (e.g. stamp duty exemption) and the certificate is prima facie evidence in all courts and for all purposes other than criminal proceedings (ss 11(2)-(3); mirrored in ss 23(2)-(3), 32(2)-(3), 41(2)-(3)). The effect is to shift evidentiary burdens in civil/procedural contexts toward recognising the Minister’s certification.
Employee continuity and entitlements (employee rights). Transferred employees are taken to have been engaged by Tourism Australia on the same terms and conditions as applied immediately before proclamation day and to have accrued equivalent entitlements; service is continuous for all purposes (s 13(1)-(2)). The Act also preserves application of the Maternity Leave Act for particular cohorts (ss 15-16, 25-26, 34-35). However the Act also states that no payment or other benefit is payable merely because the person stopped being an ATC employee due to the transfer (s 13(3)).
Obligations to publish and maintain records (administrative duty). Declarations must be published in the Gazette within 14 days of the declaration or proclamation day, whichever is later (s 45(1)). Failure to publish does not affect validity (s 45(2)). The Archives Act controls transfers of Commonwealth records and National Archives permission is required before transfer to a person under the Act (s 44).
Delegation duties (administrative control). The Minister and Secretary may delegate functions, and delegates must comply with directions (ss 46-47). This creates administrative duties within the Department as to exercise of delegated powers.
Compensation obligation (constitutional safety net). If a provision effects an “acquisition of property” and would otherwise be invalid for lack of compensation, the Commonwealth must pay reasonable compensation agreed or determined by a court (s 48(1)(c)-(d)). The Act requires taking into account other damages or compensation recovered in relation to the same event when assessing compensation under s 48(2).
Regulation‑making power (executive right). The Governor‑General may make regulations necessary or convenient for carrying out the Act (s 51(1)-(2)). Regulations may, in particular, deal with other transitional matters and may empower the Minister to make declarations (s 51(2)-(3)). This delegates to the executive a right to flesh out further transitional measures.
Notably absent are express criminal penalties or enforcement mechanisms beyond civil substitution in proceedings and the ordinary legal remedies for contractual and property disputes. The Act largely compels or permits administrative steps rather than prescribing penal sanctions.
Penalties and enforcement
The Act contains no express criminal sanctions, fines or coercive penalties for failure to comply with most of its obligations. Enforcement and legal consequences flow instead from civil law mechanisms, evidentiary shifts, administrative discretion and constitutional compensation pathways.
No criminal penalties in the text. The Act does not create offence provisions for failure to lodge certificates, for failing to publish a declaration or for other failures of administrative compliance. Publication failure explicitly does not affect validity (s 45(2)), which removes a basis for invalidity-based remedies in that context.
Evidentiary consequences. Certificates and declarations under the Act are given procedural weight. Certificates under ss 11(2), 23(2), 32(2) and 41(2) are declared to be prima facie evidence of the matters stated in non‑criminal proceedings (s 11(3) pattern across Parts). Section 43 treats a document that appears to be a certificate, declaration or other document made or issued under the Act as being such a document and properly given unless the contrary is established. These provisions shift evidentiary burdens in civil litigation toward accepting executive certificates and documentation as valid, absent rebuttal.
Substitution in litigation. Tourism Australia is substituted for the ATC or the Commonwealth as party to pending proceedings to the extent they relate to transferred assets or liabilities, by force of ss 9(2), 24(2), 33(2) and 42(2). This has immediate procedural effect: parties do not need to obtain separate statutory assignments or court orders to proceed against the successor entity for matters relating to transferred items. Enforcement of debts, claims and remedies therefore proceeds against Tourism Australia where substitution applies.
Registration discretion. Land registration officials and assets officials are given discretion to register or to “deal with, and give effect to” certificates in a way that is the same as, or similar to, regular dealings (s 7(2); ss 8(2), 22(2), 31(2), 40(2)). If an official declines to register in a particular way, affected parties would rely on ordinary administrative law remedies or challenge the official’s exercise of discretion rather than on penalties in the Act itself.
Constitutional compensation. Where a provision effects an acquisition of property that would otherwise be invalid because compensation has not been paid, the Commonwealth must pay reasonable compensation or have it determined by a court (s 48(1)). This creates a remedial enforcement avenue for property owners who allege their property has been acquired without fair compensation. Subsection 48(2) ensures double recovery is avoided by requiring account be taken of other damages or compensation recovered.
Archives Act constraint. Section 44(1) and (2) expressly preserves the operation of the Archives Act 1983. Transfer of Commonwealth records cannot occur except under the Archives Act and requires permission from the National Archives where a Commonwealth record is being transferred to a person under this Part. Non‑compliance would therefore be actionable under the Archives Act regime rather than the transitional Act.
Delegation and internal compliance. Delegates (under ss 46-47) must comply with directions of the delegator. Failure to comply with directions will be an internal administrative matter and may give rise to departmental disciplinary or administrative consequences rather than statutory penalty.
Overall, enforcement is effected through substitution in proceedings, evidentiary presumptions, registration facilitation and the constitutional compensation route. The Act privileges administrative transfer and continuity rather than punitive mechanisms.
How it interacts with other laws
The Act cross‑references and operates alongside several other Commonwealth and State/Territory instruments and statutes, creating specific interactions lawyers and compliance officers must note.
Tourism Australia Act 2004. The Act operates as the transitional complement to the Tourism Australia Act 2004. It explicitly treats Tourism Australia as the recipient of transfers (through s 6 and other Parts), modifies some operational aspects of the Tourism Australia Act during an interim period (ss 49-50), and takes definitions directly from the Tourism Australia Act where expressions are shared (s 4(2)). The interim Board provisions in ss 49-50 temporarily adjust sections of the Tourism Australia Act 2004 concerning meeting requests and quorum during the interim period.
Australian Tourist Commission Act 1987. The ATC Act 1987 is repealed by s 5 of this Act. The repeal is paired with specific transitional provisions to ensure assets, liabilities and staff are moved without interruption (Part 3).
Commonwealth Authorities and Companies Act 1997. The final annual reporting obligation for certain transitional reporting periods in s 17 requires the government member of the Board of Tourism Australia to prepare the report referred to in s 9 of the Commonwealth Authorities and Companies Act 1997 and to include matters mentioned in s 28 of the repealed Australian Tourist Commission Act 1987. The Act explicitly treats the transitional reporting periods specified in s 17(2)-(5) as financial years for reporting purposes.
Maternity Leave (Commonwealth Employees) Act 1973 and Public Service Act 1999. The Maternity Leave Act as in force immediately before proclamation day is preserved for qualifying transferred employees (s 4 definition; ss 15-16). For APS employees involved in administering the Bureau or Forecasting Council who become Tourism Australia employees under a Public Service Act determination, ss 25-26 and 34-35 preserve maternity leave entitlements by treating Tourism Australia as a prescribed authority for the purposes of the Maternity Leave Act.
Workplace Relations Act 1996. Section 13(4)(b) provides that s 13 is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement. This is a specific non‑application carve‑out impacting industrial relations profiling.
Superannuation Acts. Section 10(3) makes clear that “instrument” for the purposes of that section does not include regulations or any other instrument made under the Superannuation Act 1922, the Superannuation Act 1976 or the Superannuation Act 1990. That is, the saving of references in instruments does not extend to instruments under those superannuation statutes.
Archives Act 1983. Section 44 preserves the operation of the Archives Act and requires National Archives permission under paragraph 24(2)(b) before a Commonwealth record can be transferred to a person under this Part. Transfers of Commonwealth records therefore remain subject to the Archives Act regime.
State and Territory registration and tax law. The Act engages State and Territory land registration systems and tax/stamp duty regimes. It directs land registration officials and assets officials to give effect to Secretary‑signed certificates (s 7(2), s 8(2) etc.), and declares exempt matters from stamp duty and State/Territory taxes (ss 11, 23, 32, 41). The exemption removes State/Territory taxing power with respect to the defined exempt matters, curtailing normal stamp duty incidents on transfers effected under the Act.
Constitutional property acquisition law. Section 48 interacts with s 51(xxxi) of the Commonwealth Constitution: where a provision effects an acquisition of property, compensation must be paid. The Act therefore recognises the possibility of constitutional challenge and provides the mechanism for compensation.
Regulation‑making power and savings. The Governor‑General’s regulation power in s 51 allows the executive to make subordinate law to carry out the purposes of the Act, including empowering the Minister to make declarations. The Act’s notes repeatedly state that assets, liabilities, contracts or instruments may be specified by name or by inclusion in a specified class. This interacts with principles of statutory certainty and administrative law when regulations or declarations identify classes of instruments by reference.
Practitioners should pay attention to where the Act creates permissive obligations (“may register”) rather than mandatory duties; where it creates prima facie evidence (ss 11(3), 23(3) etc.) but excludes criminal proceedings from that evidentiary presumption; and where it preserves other statutory regimes (Archives Act, Maternity Leave Act, Commonwealth Authorities and Companies Act 1997, and specific non‑application under the Workplace Relations Act). The Act therefore sits in a web of Commonwealth, State/Territory and constitutional law interactions.
Amendment history
The text provided contains only the Act as originally passed and the commencement table that applied at original assent. The Act includes an internal note stating that the commencement table relates only to the provisions as originally passed and will not be expanded to deal with provisions inserted after assent (s 2 note). Accordingly, the Act as presented shows its original commencement scheme:
Sections 1-4 and any other provision not otherwise covered by the table commenced on the day of Royal Assent (identified in the table as 23 June 2004) (s 2 and the commencement table, column entries).
Part 2 (the repeal of the Australian Tourist Commission Act 1987) was intended to commence at the same time as sections 3 to 64 of the Tourism Australia Act 2004 , the table notes that these commenced 1 July 2004 in the original instrument (s 2, table).
Parts 3 to 7 (the transitional provisions) commenced on the day of Royal Assent (table indicates 23 June 2004) (s 2 and table).
The Act contains the note that column 3 of the commencement table contains additional information not part of the Act and that information may be edited in published versions (s 2(2)). No later amendments, insertions, repeal or re‑enactment material is present in the text supplied; therefore no post‑enactment amendment history or later legislative modifications can be stated beyond the original commencement structure.
Because the supplied text explicitly disclaims that its commencement table will not be expanded to deal with provisions inserted later, any subsequent alterations to the Act (commonly captured in consolidated versions) are not visible here and cannot be asserted. Practitioners must consult the authorised, current consolidated legislation and the Federal Register of Legislation or the Parliamentary Counsel’s Office to identify any amendments, repeals, or substitutions made after the version contained here.
The Act’s internal notes and reference dates (Royal Assent and the specified proclamation day and the potential 1 July 2004 date) are part of the original instrument and therefore form the only amendment history available in the supplied material. Absent other materials in this source, no judicial or legislative amendment entries can be recorded.
Litigation history
The text of the Act does not record or summarise any judicial consideration, case law, or litigation arising under the Act. The Act names no cases and contains no marginal notes reporting judicial construction. It does, however, create potential points of litigation which practitioners should track in external sources:
Compensation claims under s 48 (constitutional acquisition). If affected persons allege acquisition of property without compensation, claims under s 48 are likely to arise. Such claims would engage the constitutional head of power in s 51(xxxi) and would require court determination where parties do not agree compensation.
Disputes about substitution in proceedings. The automatic substitution mechanism (ss 9(2), 24(2), 33(2), 42(2)) could provoke litigation about scope: whether a proceeding “related, in whole or in part, to the asset or liability” at the relevant time. Parties may litigate the extent of substitution and whether procedural steps are needed to reflect the change.
Challenge to registration decisions. The permissive directions to land/asset registration officials (e.g. s 7(2)) may lead to administrative law challenges if registration officials refuse to give effect to certificates or take inconsistent approaches. Judicial review in federal or State/Territory courts could be the remedy.
Evidentiary rebuttal of Ministerial certificates. Section 43 and the prima facie effects of certifying tax-exempt status (ss 11(3), 23(3), 32(3), 41(3)) shift evidentiary burdens. Exceptions for criminal proceedings remain. Litigation may test the sufficiency of executive certificates and whether the “contrary is established” standard in s 43 has been met in particular cases.
Industrial relations claims. The employment continuity provisions (s 13) and the carve‑out in s 13(4) regarding the Workplace Relations Act may spawn disputes about the status of transferred employees and the scope of entitlements, particularly where awards, determinations or agreements differ. Maternity leave protections in ss 15-16, 25-26, 34-35 may be focal points for disputes.
Because no cases are referenced in the Act text, the Act’s litigation history is external to the provided source. To know whether litigation has arisen under s 48 (property compensation), or whether courts have interpreted the substitution and certificate provisions, practitioners must consult case law databases, Federal Court and State/Territory reporting services, and consolidated statutory annotations. The Act’s provisions create the likely litigation vectors; the supplied text does not record the outcome of any such litigation.
Gotchas
This Act’s drafting includes a number of features that produce traps for the unwary practitioner, both in administration and in advising third parties.
“May” vs “must” in registries. The land registration official and assets official are empowered to register or give effect to Secretary‑signed certificates, but those officials only “may” do so (s 7(2), s 8(2) etc.). Practically, a certificate does not compel a specific mode of registration and registries retain discretion. Expect variation across states and territories, and prepare for administrative follow‑up where registries require confirming documentation.
Prima facie certificates limited to non‑criminal proceedings. Ministerial certificates of exemption from stamp duty or of vesting are prima facie evidence “for all purposes (other than for the purposes of criminal proceedings)” (s 11(3) and analogous provisions). That exclusion can matter where tax offences or regulatory penalties are prosecuted; certificates do not displace prosecution evidence in criminal matters.
Publication requirement does not affect validity. Although the Act requires copies of declarations to be published in the Gazette within 14 days (s 45(1)), s 45(2) states failure to comply does not affect the validity of a declaration. That removes a remedy in some contexts where publication was meant to trigger third‑party rights or notice; interested parties should not rely on Gazette publication as the sole evidence of legal effect and should obtain appropriate certificates.
Archives Act constraint. The Act does not authorise transfer of Commonwealth records except in accordance with the Archives Act and requires National Archives permission for transfers to persons (s 44). Practitioners moving records must secure the National Archives’ consent; failure to do so could breach the Archives Act even though the transitional Act purports to vest assets.
Industrial relations carve‑out. Section 13(4) expressly states that s 13 is not to be taken to be a law of the Commonwealth for purposes of a particular paragraph of the Workplace Relations Act 1996 as in force immediately before reform commencement. This can affect bargaining, coverage, and industrial relations advice; do not assume s 13 automatically converts entitlements under the Workplace Relations Act’s machinery.
Maternity leave preservation is narrow. The Maternity Leave Act protection is limited to particular cohorts and defined circumstances (e.g. ss 15-16 apply to female transferred employees in specified situations; ss 25-26 and 34-35 apply to APS employees who become Tourism Australia employees by determination). Advice must track which employees qualify and which statutory pathway (s 12 transfers v Public Service Act determinations) applies.
Broad delegation and executive power. The Act gives the Minister broad written power to declare vestings for Bureau/TFC/trade mark matters (ss 19-21, 28-30, 37-39) and permits delegation of powers to the Secretary and SES officers (ss 46-47). Delegations must be recorded and delegates must follow directions; absence of properly documented delegation or directions could create procedural challenge grounds.
Potential State/Territory revenue impact. The stamp duty and other tax exemptions (ss 11, 23, 32, 41) remove State/Territory tax incidents on transfers. If an asset or contract that would otherwise give rise to stamp duty is moved under the Act, the State/Territory loses revenue; expect intergovernmental negotiation or state administrative inquiry in practice.
“Successor in law” scope. The phrase “successor in law” (e.g. s 6(2)) is declared but parties may litigate its scope: whether a transferred liability includes contingent or prospective liabilities, whether statutory immunities or protections extend, and whether certain instruments fall within the declared classes. The Act’s notes indicate classes can be used, and the Minister’s written declarations may be broad.
Compensation exposures. Where vesting amounts to acquisition of property as constitutionally understood, the Commonwealth must pay compensation (s 48), but that requires a claimant to commence proceedings and prove acquisition and loss; there is a timing and proof burden. Advise clients of the claim window and evidentiary expectations.
Absence of transitional detail for superannuation instruments. Section 10(3) expressly excludes instruments under the specified Superannuation Acts from the saving of references. Special handling of superannuation interests may therefore be necessary; do not assume ordinary instrument substitution applies.
In short, the Act provides frictionless legal vesting on its face but leaves many practical frictions and discretionary points that will determine transactional and litigation outcomes: registry discretion, archival permission, delegation records, the narrowness of certain employment protections, and the constitutional compensation route.
How to comply
For administrators, departments, Tourism Australia and counterparties, compliance under the Act is predominantly documentary, procedural and focused on ministerial/secretary actions. The following checklist maps statutory steps and practical actions to satisfy the Act’s mechanics.
Identify scope of transfer
Catalogue ATC assets and liabilities that are to vest on proclamation day under s 6.
Identify Bureau of Tourism Research, Tourism Forecasting Council and tourism trade mark items that the Minister should declare by written instrument under ss 19-21, 28-30 and 37-39.
For contracts, distinguish BTR contracts, TFC contracts and tourism trade mark contracts as defined in ss 21(7), 30(7) and 39(7) respectively.
Prepare Ministerial declarations and Secretary certificates
Draft the Minister’s written declarations identifying the asset, liability or contract to be vested in Tourism Australia, ensuring specificity or class description as needed (ss 19(1), 20(1), 21(1), 28(1), 29(1), 30(1), 37(1), 38(1), 39(1)).
Prepare Secretary‑signed certificates that identify land or non‑land assets and state that they have become vested in Tourism Australia where registration will be sought (ss 7(1)(b)(iii), 8(1)(b)(iii), 22(1)(b)(iii), 31(1)(b)(iii), 40(1)(b)(iii)).
Lodge certificates with registration and asset officials
For land transfers, lodge the Secretary’s certificate with the appropriate land registration official and follow up on registration steps; be prepared to respond to registry inquiries since the official “may” register in a way they determine appropriate (s 7(2)).
For non‑land assets, lodge the certificate with the relevant assets official and request necessary register entries (s 8(2), s 22(2), s 31(2), s 40(2)).
Publish declarations
Publish copies of declarations in the Gazette within 14 days after the making of the declaration or the proclamation day, whichever is later (s 45(1)). Retain evidence of publication. Despite s 45(2) stating non‑publication does not affect validity, publication is required by the Act and advisable for transparency.
Record and manage staff transfers
For persons employed under s 42 of the ATC Act immediately before proclamation day, ensure that HR records reflect that the person ceased to be an ATC employee on proclamation day and was taken to have been engaged by Tourism Australia under s 55 of the Tourism Australia Act 2004 (s 12).
Maintain and preserve terms and conditions, entitlements and service continuity per s 13(1)-(2). Do not make automatic payments simply because of transfer (s 13(3)).
For APS staff transferring under Public Service Act determinations, ensure maternity leave preservation where relevant (ss 25-26, 34-35).
Handle Maternity Leave entitlements carefully
For qualifying female employees on Maternity Leave Act leave or within the nine‑month start window, confirm application of the Maternity Leave Act for the confinement concerned, as set out in ss 15-16 (ATC transfers) and ss 25-26 and 34-35 (BTR and TFC transfers).
Seek National Archives permission for record transfers
If any Commonwealth record is to be transferred to a person under the Act, secure written permission from the National Archives under paragraph 24(2)(b) of the Archives Act 1983 before transferring (s 44(2)).
Manage tax/stamp duty matters
If relying on stamp duty exemption, obtain a Ministerial certificate (ss 11(2), 23(2), 32(2), 41(2)) and retain it as evidence. Remember that the certificate is prima facie evidence only in non‑criminal proceedings (s 11(3) pattern).
Notify State/Territory treasury and registries proactively to avoid disputes over tax liability.
Maintain delegation records
If powers are delegated under ss 46-47, record the written delegation instruments, ensure delegates receive clear directions, and that delegates' actions conform to those directions. Keep administrative trails to defend decisions in judicial review.
Prepare the final annual report and transitional reporting
The government member of the Board of Tourism Australia must prepare the ATC’s final report under s 9 of the Commonwealth Authorities and Companies Act 1997 for the transitional reporting periods specified in s 17. Tourism Australia is to pay the expenses of preparing the report and provide assistance to the government member (s 17(6)-(7)).
Evaluate constitutional compensation risk
Assess whether any vesting constitutes an “acquisition of property” within the meaning of s 51(xxxi) of the Constitution. If so, compile valuation and loss evidence and prepare for possible compensation claims under s 48. Account for other recoveries when assessing compensation (s 48(2)).
Check for excluded instruments and special regimes
Note that the saving of references in instruments excludes instruments under the Superannuation Acts named in s 10(3). Special steps may therefore be required for superannuation instruments.
Review contracts for change‑of‑party clauses, consent requirements, assignment prohibitions and notice requirements. Where the Minister declares the Commonwealth’s contractual rights and liabilities become those of Tourism Australia (e.g. s 21(1)), ensure counterparties receive proper notice and update internal contract registers.
Prepare for litigation and evidence management
Retain copies of all declarations, certificates, gazette notices and delegation instruments. These are likely to be required to establish vesting and authority in any litigation, and Ministerial certificates have particular evidentiary weight under s 43 and the prima facie clauses.
Monitor regulations
The Governor‑General may make regulations under s 51. Monitor and review any regulations made pursuant to this power, because regulations can prescribe further transitional matters and can empower the Minister to make additional declarations (s 51(3)).
For counterparties, the practical compliance steps are to request and retain copies of relevant Secretary certificates and Ministerial declarations, confirm that Tourism Australia is the declared contracting party, update company records and registers, and, when dealing with land or registered rights, engage with the relevant State/Territory registry to confirm how they will record the vesting under their systems.
In all steps, keep a close documentary trail, because the Act’s practical operation relies heavily on executive declarations and administrative records which carry principal evidentiary weight under its provisions.
Part 2Repeal of the Australian Tourist Commission Act 1987
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Extended geographical application of this Act
3 Extended geographical application of this Act
(1) This Act extends to every external Territory.
(2) This Act applies both within and outside Australia.
4 Definitions
4 Definitions
(1) In this Act:
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 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.
ATC means the Australian Tourist Commission continued in existence under the Australian Tourist Commission Act 1987.
Australia, when used in a geographical sense, includes the external Territories.
contract includes:
(a) a deed; and
(b) a deed poll.
instrument includes a document.
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.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the proclamation day.
proclamation day means the day on which sections 3 to 64 of the Tourism Australia Act 2004 commence.
Tourism Australia means the body corporate established by section 5 of the Tourism Australia Act 2004.
transferred employee means a person whose employment is transferred under section 12.
(2) Expressions used in this Act that are defined in the Tourism Australia Act 2004 have the same meanings as they have in that Act.
Part 2 Repeal of the Australian Tourist Commission Act 1987
Part 2—Repeal of the Australian Tourist Commission Act 1987
5 Repeal of the Australian Tourist Commission Act 1987
5 Repeal of the Australian Tourist Commission Act 1987
The Australian Tourist Commission Act 1987 is repealed.
Part 3 Transitional provisions relating to the repeal of the Australian Tourist Commission Act 1987
Part 3—Transitional provisions relating to the repeal of the Australian Tourist Commission Act 1987
6 Transfer of assets and liabilities
6 Transfer of assets and liabilities
(1) This section applies to:
(a) the assets of the ATC; and
(b) the liabilities of the ATC.
(2) On the proclamation day:
(a) the assets and liabilities cease to be assets and liabilities of the ATC and become assets and liabilities of Tourism Australia without any conveyance, transfer or assignment; and
(b) Tourism Australia becomes the ATC’s successor in law in relation to the assets and liabilities immediately after they become assets and liabilities of Tourism Australia.
7 Registration of land transfers
7 Registration of land transfers
(1) This section applies if:
(a) any right, title or interest in particular land vests in Tourism Australia under this Part; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the right, title or interest has become vested in Tourism Australia under this Part.
(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.
8 Certificates in relation to assets other than land
8 Certificates in relation to assets other than land
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia under this Part.
(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.
9 Transfer of pending proceedings
9 Transfer of pending proceedings
(1) This section applies if, as a result of a transfer made under this Part, Tourism Australia becomes the successor in law of the ATC at a particular time in relation to a particular asset or liability.
(2) If any proceedings to which the ATC was a party:
(a) were pending in any court or tribunal immediately before that time; and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the ATC as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.
10 References in certain instruments
10 References in certain instruments
(1) An instrument to which subsection (2) applies continues to have effect on and after the proclamation day as if a reference in the instrument to the ATC were a reference to Tourism Australia.
(2) This subsection applies to an instrument if it is:
(a) in operation immediately before the proclamation day; and
(b) an instrument:
(i) to which the ATC is a party; or
(ii) which was given to, or in favour of, the ATC; or
(iii) in which a reference is made to the ATC; or
(iv) under which any right or liability accrues or may accrue to the ATC.
(3) In this section:
instrument does not include regulations or any other instrument made under the Superannuation Act 1922, the Superannuation Act 1976 or the Superannuation Act 1990.
11 Exemption from stamp duty and other State or Territory taxes
11 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt matter.
(3) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) is prima facie evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 6;
(b) the transfer of a liability under section 6;
(c) the operation of this Part in any other respect.
12 Transfer of staff
12 Transfer of staff
Each person employed under section 42 of the Australian Tourist Commission Act 1987 immediately before the proclamation day ceases to be employed by the ATC on the proclamation day and is taken to have been engaged as an employee of Tourism Australia under section 55 of the Tourism Australia Act 2004 on that day.
13 Terms and conditions of transferred employees
13 Terms and conditions of transferred employees
(1) A transferred employee is taken:
(a) to have been engaged by Tourism Australia on the same terms and conditions as those that applied to the person, immediately before the proclamation day, as an employee of the ATC; and
(b) to have accrued an entitlement to benefits, in connection with that engagement by Tourism Australia, that is equivalent to the entitlement that the person had accrued, as an employee of the ATC, immediately before the proclamation day.
(2) The service of a transferred employee as an employee of Tourism Australia is taken, for all purposes, to have been continuous with the service, immediately before the proclamation day, of the employee as an employee of the ATC.
(3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the ATC as a result of this Part.
(4) This section:
(a) has effect subject to this Part; and
(b) is not to be taken to be a law of the Commonwealth for the purposes of paragraph 170XA(2)(b) of the Workplace Relations Act 1996, as in force immediately before the reform commencement within the meaning given by that Act.
14 Variation of terms and conditions of employment
14 Variation of terms and conditions of employment
(1) This Part does not prevent the terms and conditions of a transferred employee’s employment on and after the proclamation day from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions, includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and conditions.
15 Maternity leave starting before proclamation day
15 Maternity leave starting before proclamation day
(1) This section applies in relation to a female transferred employee if:
(a) immediately before the proclamation day, she was on leave granted under the Maternity Leave Act; and
(b) she would have been entitled to have remained on that leave on and after the proclamation day if she had continued to be an employee of the ATC.
(2) On and after the proclamation day, the Maternity Leave Act continues to apply to her in relation to the confinement in respect of which
This is an opening excerpt, not the complete document.