Compilation #0 | Effective 1978-06-12
FRBR Work URI: /akn/au/act/1978/36
1. This Act may be cited as the Administrative Changes (Consequential Provisions) Act 1978.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Amendment of Acts
3. (1) The Acts specified in Schedule 1 are amended by omitting from the provisions of those Acts specified in that Schedule “Treasurer” (wherever occurring) and substituting “Minister for Finance”.
The Acts specified in Schedule 2 are amended by omitting from the provisions of those Acts specified in that Schedule “Treasurer” (wherever occurring) and substituting “Minister”.
The Acts specified in Schedule 3 are amended as set out in that Schedule.
4. Schedules 2 and 3 to the Public Service Act 1922 are repealed and the Schedules set out in Schedule 4 to this Act are substituted.
5. The Audit Act 1901 is amended—
(a) by omitting from section 60 “separate account shall be kept in the Treasury to be called the Trust Fund” and substituting “separate account, to be called the Trust Fund, shall be kept”; and
(b) by omitting sub-section (2) of section 62b and substituting the following sub-section:
“(2) The Minister and his successors in office shall, for the purposes of the investment of any moneys in pursuance of this section, be deemed to be a corporation by the name of ‘The Minister for Finance of the Commonwealth’, and any securities or deposits taken or made in pursuance of this section may be taken or made by him in his corporate name.”.
Saving of certain actions taken by Treasurer under Audit Act
6. (1) In this section—
(a) a reference to a prescribed provision of the Audit Act 1901 shall be read as a reference to section 16 or 18, sub-section 20(1) or 21(1), section 21a, sub-section 22(1) or (2), 24(2), 27(2) or 28(1), section 29, sub-section 34(1), section 36a or 38, subsection 41d(1) or section 58, 60 or 62a of that Act;
(b) a reference to taking any action shall be read as a reference to doing any act or thing (whether by way of making, granting or issuing an instrument or otherwise), and includes, without limiting the generality of the expression, a reference to making an appointment, making a decision or determination, establishing a trust account, establishing an office, investing moneys, giving an authorization, permission or approval, issuing or giving a direction or instruction, entering into an agreement or expressing agreement with or concurrence in the doing of any act or thing; and
(c) a reference to taking action in pursuance of a power or function includes a reference to taking further action in pursuance of action previously taken in pursuance of a power or function.
Where—
(a) before 20 December 1977, the Treasurer took any action in pursuance of a power or function exercisable by him under a prescribed provision of the Audit Act 1901, under a regulation made under that Act or under a direction given under section 63 of that Act;
(b) on that date the power to take, or the function of taking, such action under that provision, regulation or direction became exercisable by the Minister for Finance instead of the Treasurer; and
(c) the action taken by the Treasurer would, but for that power or function having ceased to be exercisable by him, have had consequences or effects on or after that date,
then, subject to any action taken on or after that date by the Minister for Finance in pursuance of the relevant power or function, the action taken by the Treasurer before that date shall have, and shall be deemed to have had, such consequences or effects on and after that date as it would have, or would have had, if it had been taken by the Minister for Finance.
(3) Any moneys (other than moneys standing to the credit of the Loan Consolidation and Investment Reserve) that were invested by the Treasurer before 20 December 1977 under Audit Act 1901 shall be deemed to have been invested by the Minister for Finance under section 21a or sub-section 62b(1), as the case may be, of that Act as amended by this Act.section 21a or sub-section 62b(1) of the
(4) Any securities (other than securities taken in the investment of moneys standing to the credit of the Loan Consolidation and Investment Reserve) or deposits that were taken or made before 20 December 1977 by the Treasurer in his corporate name under Audit Act 1901 (including that section as applied by section 21a of that Act) shall be deemed to have been taken or made by the Minister for Finance in his corporate name under section 62b of the Audit Act 1901 as in force on the date of commencement of this Act.section 62b of the
(5) Any securities (other than securities taken in the investment of moneys standing to the credit of the Loan Consolidation and Investment Reserve or Treasury Bills) or deposits that were taken or made on or after 20 December 1977 and before the date of commencement of this Act by the Minister for Finance under Audit Act 1901 (including that section as applied by section 21a of that Act) shall be deemed to have been taken or made by the Minister for Finance in his corporate name under section 62b of the Audit Act 1901 as in force on that last-mentioned date.section 62b of the
7. A warrant issued by the Governor-General to the Treasurer under sub-section 32(5) of the Audit Act 1901 before 20 December 1977 in respect of the financial year that commenced on 1 July 1977 shall have, and shall be deemed to have had, effect on and after that first-mentioned date as if it had been issued by the Governor-General to the Minister for Finance.
Application or certain provisions to certain actions taken by the Treasurer
8. (1) In this section—
(a) a reference to a prescribed provision of an Act shall be read as a reference to a provision specified in Schedule 1 relating to the capital, or to the moneys, of a body corporate established by an Act; and
(b) a reference to taking any action shall be read as a reference to doing any act or thing, and includes, without limiting the generality of the expression, a reference to making a payment, making an advance, making moneys available, paying an amount, giving a direction or making a decision or determination.
A reference in any prescribed provision of an Act to any action taken by the Minister for Finance shall be read as including a reference to any such action taken before 20 December 1977 by the Treasurer.
9. Upon the commencement of this Act, the orders under sections 19b and 19ba of the Acts Interpretation Act 1901 that were made on 20 December 1977 and the orders under section 19b of that Act that were made on 11 January and 26 April 1978 cease to apply in relation to any of the Acts referred to in those orders but nothing in this section affects the application of those orders made on 20 December 1977 in relation to any regulations or directions referred to in those orders.
SCHEDULE 1 Sub-section 3(1)
AMENDMENTS OF ACTS
SCHEDULE 1—continued
SCHEDULE 1—continued
SCHEDULE 1—continued
SCHEDULE 1—continued
SCHEDULE 2 Sub-section 3(2)
AMENDMENTS OF ACTS
SCHEDULE 3 Sub-section 3(3)
AMENDMENTS OF ACTS
SCHEDULE 3—continued
SCHEDULE 4 Sub-section 3(4)
SCHEDULES TO BE SUBSTITUTED FOR SCHEDULES 2 AND 3 TO THE PUBLIC SERVICE ACT 1922
SCHEDULE 2 Sections 7 and 10
DEPARTMENTS
The Department of the Senate
The Department of the House of Representatives
The Department of the Parliamentary Library
The Department of the Parliamentary Reporting Staff
The Joint House Department
The Department of Aboriginal Affairs
The Department of Administrative Services
The Attorney-General’s Department
The Department of Business and Consumer Affairs
The Department of the Capital Territory
The Department of Construction
The Department of Defence
The Department of Education
The Department of Employment and Industrial Relations
The Department of Environment, Housing and Community Development
The Department of Finance
The Department of Foreign Affairs
The Department of Health
The Department of Home Affairs
The Department of Immigration and Ethnic Affairs
The Department of Industry and Commerce
The Department of National Development
The Department of the Northern Territory
The Postal and Telecommunications Department
The Department of Primary Industry
The Department of the Prime Minister and Cabinet
The Department of Productivity
The Department of Science
The Department of Social Security
The Department of the Special Trade Representative
The Department of Trade and Resources
SCHEDULE 4—continued
The Department of Transport
The Department of the Treasury
The Department of Veterans’ Affairs
SCHEDULE 3 Section 25
PERMANENT HEADS OF DEPARTMENTS
The Clerk of the Senate
The Clerk of the House of Representatives
The Parliamentary Librarian
The Principal Parliamentary Reporter
The Secretary of the Joint House Department
The Secretary to the Department of Aboriginal Affairs
The Secretary to the Department of Administrative Services
The Secretary to the Attorney-General’s Department
The Secretary to the Department of the Capital Territory
The Secretary to the Department of Construction and Director-General of Works
The Comptroller-General of Customs
The Secretary to the Department of Defence
The Secretary to the Department of Education
The Secretary to the Department of Employment and Industrial Relations
The Secretary to the Department of Environment, Housing and Community Development
The Secretary to the Department of Finance
The Secretary to the Department of Foreign Affairs
The Director-General of Health
The Secretary to the Department of Home Affairs
The Secretary to the Department of Immigration and Ethnic Affairs
The Secretary to the Department of Industry and Commerce
The Secretary to the Department of National Development
The Secretary to the Department of the Northern Territory
The Secretary to the Postal and Telecommunications Department
The Secretary to the Department of Primary Industry
The Secretary to the Department of the Prime Minister and Cabinet
The Secretary to the Department of Productivity
The Secretary to the Department of Science
The Secretary to the Department of the Special Trade Representative
The Secretary to the Department of Trade and Resources
The Director-General of Social Services
The Secretary to the Department of Transport
The Secretary to the Department of the Treasury
The Secretary to the Department of Veterans’ Affairs