TUE PARLIAMENT OF THE COMMONWEALTH AUSTRALIA HOUSE OF REPRESENTATIVES DEFENCE LEGISLATION AMENDMENT BILL 1989

Transcription

1 1989 TUE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES DEFENCE LEGISLATION AMENDMENT BILL 1989 EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Defence, the Hon. Kim Baazley, M.P.) Cat. No

2 Printed by A~tthorityby the Commonwealth Government Printer

3 Defence Legislation Amendment Bill 1989 OUTLINE.tablishments operated within the Office of Defence Production the Department of Defence are being transferred to a avernment owned company, Australian Defence Industries Pty Ltd. te Bill proposes to amend the Defence Act 1903: to exempt Australian Defence Industries Pty Ltd for a transitional period of 6 years from certain State and Territory laws which deal with land usage, dangerous goods or licensing of activities, or which impose taxes, charges or rates (including stamp duty); and to exempt employees of prescribed organisations (such as Australian Defence Industries Pty Ltd) from State and Territory firearms licensing laws. he Bill also proposes to make drafting amendments to the Defence egislation Amendment Act (No. 2) FINANCIAL IMPACT t is estimated that the amendments made by clause k will exempt.ustralian Defence Industries Pty Ltd from being liable to pay.pproximately $16 million in State and Territory stamp duty on he transfer ~f establishments to it, and from having to meet the ~osts (estimated to be at least $60 million) of complying with ;tate and Territory regulatory laws. he other provisions of the Bill have no financial impact.

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5 -3- Defence Legislation Amendment Bill 1989 NOTES ON CLAUSES PART I - PRELIMINARY Clause I - Short title Formal. Clause 2 - Commencement 2. This clause provides for clauses t~ and 5 of the Bill, dealing with the exemptions for Australian Defence Industries Pty Ltd, to be taken to have commenced on 2 May 1989, the date on which major activities transfer to the company. 3. Clause 7 commences on 6 December 1988, the date on which the provision it corrects commenced. 4. Clause 8 Is to commence immediately after the commencement of the provision it corrects. Assent. The remainder of the Bill is to commence on Royal 7ART 2 - AMENDMENTS OF THE DEFENCE ACT 1903 Clause 3 - Principal Act 5. Formal Clause 4 - New section kct. This clause inserts a new section lz2a in the Principal

6 -4- New section lz2a - Immunity of Australian Defence Industr~Les P Ltd from certain State and Territory laws 8. the Office of Defence Production in the Department o Defence has been undergoing a process of significant reforms. These have Included the sale of Wllliamstown Dockyard to the private sector, and the conversion of the Government Aircraft Factories into a company, Aerospace Technologies of Australia Ltd. The remainder of the Office of Defence Production is now being converted into the government owned company, Australian Defence Industries Pty Ltd. 9. Australian Defence Industries Pty Ltd is a separate legal entity distinct from the Commonwealth which does not enj the privileges and immunities of Commonwealth agencies from St and Territory laws. 10. This section is intended to exempt Australian Defenc Industries Pty Ltd from certain State and Territory laws for a transitional period. 11. Subsection Cl) provides that Australian Defence Industries Pty Ltd is exempt from State or Territory laws to which the section applies. 12. Subsection (2) describes the State and Territory law to which the section applies. These are laws dealing with: the use of land or premises; the environmental consequences of such use; dangerous goods; licensing in relation to employment or particular ki of activities or operations;

7 -5- liability to taxes, rates or charges (including stamp duty). 13. The subsection also enables regulations to be made to prescribe other State or Territory laws for the purposes of the section. 14. Subsection (3) enables regulations to be made excluding State and Territory laws of a kind referred to in subsection (2) from the operation of the section. 15. Subsection (4) provides that the section does not apply to any property, transaction, act or thing that is wholly unconnected with defence production. 16. Subsection (5) provides that the section shall cease to be in force at the expiration of 6 years from its commencement. Subsection (6) is a formal provision. Clause S - Immunity from certain State and Territory laws 18. Subsection 123(3) of the Principal Act provides that a p rson who has been declared an authorised employee under subsection 123(2) is exempt from State and Territory gun licensing laws while in the performance of his or her duties. The persons who may be declared to be authorlsed employees under subsection 123(2) are civilian officers or employees of the Department of Defence. Members of the Australian Defence Force are also exempt from State and Territory gun licensing laws under subsection 123(1).

8 Employees of corporations, such as Australian Defence Industries Pty Ltd., will also be required from time to time to transport firearms, eg, for demonstration or testing purposes. In such circumstances, it would not be practical for weapons to be transported by defence personnel or employees of the Department (who are exempted from State and Territory gun licensing laws under section 123). 20. This clause replaces subsection 123(2) with new subsections 123(2) and (2A). 21. New subsection 123(2) extends the class of persons who may be declared as authorised persons to include persons who are employed by a prescribed corporation concerned with the manufacture of firearms, It is envisaged that Australian Defence Industries Pty Ltd will be prescribed for the purposes of this section. 22. New subsection 123(2A) provides that a declaration under subsection 123(2) may be made to a particular office or position. 23. The clause also makes a drafting amendment to subsection 123(3). PART 3 - AMENDMENTS OF THE DEFENCE LEGI ATIQILANENUJIENT ACT (NO. 2) 1988 Clause 6 - Principal Act 24. Formal.

9 -7- Clause 7 - Conveyance by railway and tramway 25. This clause makes a drafting correction. Clause 8 - Insertion of new Part IXC of the Defence Act This clause makes drafting changes which adjust incorrect references.

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