Commonwealth Numbered Regulations - Explanatory Statements

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CONSTRUCTION INDUSTRY DEVELOPMENT AGENCY (TRANSITIONAL) REGULATIONS 1995 NO. 163

Statutory Rules 1995 No. 163

Issued by the Authority of the Assistant Minister for Industrial Relations

Construction Industry Reform and Development Act Ad 1992

Construction Industry Development Agency (Transitional) Regulations

Section 56 of the Construction Industry Reform and Development Act 1992 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Construction Industry and Development Agency (CIDA) was established by section 14 of the Act. It is to be wound up and will cease to exist on 1 July 1995 (section 15 of the Act so provides).

Subsection 56(2) of the Act provides that regulations may be made in relation to CIDA ceasing to exist. It is proposed to make provision in relation to matters consequential upon the event.

The Commonwealth through the Department of Industrial Relations (the Department) is responsible for the winding-up of CIDA, and the Commonwealth through the Department of Industry, Science and Technology is carrying on associated functions of CIDA in the future.

There were a number of areas in which it was considered that transitional provisions wore needed. These included areas of financial control, of administrative law and in relation to possible continuing contractual obligations, of the Department, for contracts entered into by CIDA.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Construction Industry Development Agency (Transitional) Regulation

Regulation 1 provides that the title of the Regulations is the Construction Industry, Development Agency (Transitional) Regulations.

Regulation 2 provides that the Regulations commenced on 1 July 1995.

Regulation 3 provides a number of definitions, for the purposes of the Regulations.

Regulation 4 provides that the assets and liabilities, which were those of CIDA Immediately before it ceased to operate, are transferred to the Commonwealth. These assets include intellectual property owned by CIDA.

Regulation 5 provides that the Commonwealth, through the Department is substituted for, and has the same contractual rights and obligations as CIDA in any contacts to which CIDA was a party (and which were still in operation at the time of the cessation of CIDA).

Subregulation 6(1) provides that in proceedings to which CIDA was a party, which immediately before cessation were pending in any court or tribunal, the Department is after the cessation,. substituted for. CIDA as a party to the proceedings. The Department has the same rights in the proceedings as CIDA had.

Subregulation 6(2) makes clear that the Department would not be subject to criminal liability. In relation to matters to which CIDA was a party.

Regulation 7 provides that this Secretary is have prepared and to give to the Minister a report on the operations of CIDA and a financial statement relating to CIDA, for the 1994/1995 financial year. Regulation 7 further provides that before giving the financial statement to. the Minister, it is to be given to the Auditor-General, who is to report to the Minister on it.

Regulation 8 provides that any incompleted Ombudsman investigations, in relation to action taken by CIDA, are taken over by the Department.

Regulation 9 provides that where before cessation a request was made to CIDA under the Freedom of Information Act 1982 and a decision had not been made on the request at the time of the cessation, the request is to be taken as having been made to Department.