Appendix 3 s 4(1) - Commonwealth authority NOTICES OF DECLARATION [At 1 January 2007] Notice of Declarations and Specifications - Commonwealth authority - 30/11/88 Notice No 1 of 1990 - AIDC Ltd (Revoked 1/1/99) Notice No 2 of 1991 - Commonwealth Bank of Australia Notice No 3 of 1991 - CSL Ltd, Commonwealth Funds Management Limited Notice No 5 of 1991 - Commonwealth Telecommunications Interim Board Ltd, Marine Management Services Pty Ltd Notice No 1 of 1992 - Australian and Overseas Telecommunications Corporation Limited Notice No 2 of 1992 - Australian Marine Science and Technology Limited, Totalcare Industries Limited, Filtron Pty Ltd Notice No 3 of 1992 - Telecom Technologies Pty Ltd Notice No 4 of 1992 - Australian Air Express Pty Ltd Notice No 5 of 1992 - National Rail Corporation Limited (revoked 1 July 2001) Notice No 1 of 1993 - Australian Meat Technology Pty Ltd Notice No CA1 of 1994 - Visionstream Pty Limited Notice of Declaration - Telstra Multimedia Pty Limited [revoked 29/9/97] Notice of Declaration - Telstra R&D Management Pty Ltd [revoked 29/9/97] Notice No CA1 of 1996 - Sydney Symphony Orchestra Holdings Pty Limited Notice CA2 of 1996 - Australia Foundation for Culture and the Humanities Ltd Notice No 2 of 1997 - Revocation of Declaration (Telstra Corporation Limited) Notice No 5 of 1997 - Health Services Australia Ltd Notice No 6 of 1997 - Symphony Orchestra Companies Notice No 7 of 1997 - Notice of Revocation of Declaration Notice No 9 of 1997 - Public Employment Placement Enterprise Ltd Notice No 10 of 1997 - Public Employment Placement Enterprise (Administration) Pty Ltd Notice No 12 of 1997 - Medibank Limited Notice No 1 of 1998 - West Australian Symphony Orchestra Holdings Pty Ltd Notice No 3 of 1998 - Medibank Private Limited Notice No 4 of 1998 - Australian Rail Track Corporation Notice No 7 of 1998 - Sydney Airports Corporation Limited Notice No 8 of 1998 - Bankstown Airport Limited Notice No 10 of 1998 - Camden Airport Limited Notice No 11 of 1998 - Hoxton Park Airport Limited Notice No 12 of 1998 Essendon Airport Limited Notice No 15 of 1998 - Note Printing Australia Limited Notice No 16 of 1998 - Notice of Revocation of Declaration - ADI Limited Notice No 17 of 1998 - AWB Ltd Notice No 1 of 1999 - Network Design & Construction Limited Notice No 2 of 1999 - Revocation of Notice of Declaration - Network Design & Construction Limited Notice No 6 of 1999 - Australian Air Express Pty Ltd (Revocation of Declaration) Notice No 9 of 1999 - Tasmanian Symphony Orchestra Holdings Pty Limited Notice No 10 of 1999 - Land Enterprise Australia Pty Ltd Notice No 4 of 2000 - Queensland Orchestras Pty Ltd 1
Notice No 3 of 2001 - Revocation of Declaration of National Rail Corporation Limited Notice No 5 of 2001 - Snowy Hydro Limited Declaration - Australian Strategic Policy Institute Limited Notice No 1 of 2004 - ARTC Services Company Pty Ltd Notice of Declarations and Specifications - Commonwealth authority - 30/11/88 Gazette S365, published 30 November 1988 [as amended by Gazette GN 32, published 23 August 1989, and retrospectively validated by the Industrial Relations Legislation Amendment Act 1991]: (1) For the purposes of paragraph (a) of the interpretation of "Commonwealth authority" in subsection 4(1) of the Act, the following body corporate is declared to be a body corporate in relation to which the Act does not apply: Joint Coal Board. (1a) For the purposes of paragraph (b) of the definition of "Commonwealth authority" in subsection 4(1) of the Act, each body corporate (not being a company, society or association) that is incorporated for a public purpose by a law of a Territory (other than a body corporate specified below or a body corporate established by a law of the Northern Territory or the Territory of Norfolk Island) is declared to be a body corporate in relation to which the Act applies. Australian Capital Territory Gaming and Liquor Authority. (2) For the purposes of paragraph (c) of the interpretation of "Commonwealth authority" in subsection 4(1) of the Act, each of the following bodies corporate is declared to be a body corporate in relation to which the Act applies: Australian Airlines Limited Coselco Finance Proprietary Limited Coselco Insurance Proprietary Limited Coselco Mimitopes Proprietary Limited Mimotech Proprietary Limited OTC International Limited Telecom Australia (International) Ltd OTC Limited Australian Defence Industries Pty Ltd (revoked 1 January 1999) ANL Limited Aboriginal Hostels Limited Snowy Mountains Engineering Corporation Limited The declaration of Australian Defence Industries Pty Ltd was revoked by Notice No 16 of 1998, published in Gazette S 606 of 22 December 1998, with effect from 1 January 1999; on this day ADI Limited was granted a Class B licence under Part VIIIB of the Act. The conversion of ANL Limited into a public company in 1988 by the ANL (Conversion into Public Company) Act 1988 was considered by a Full Court of the Supreme Court of Western Australia in Smith v Australian National Line Ltd (1998). Notice No 1 of 1990 - AIDC Ltd Published in Gazette GN 34, 29 August 1990: AIDC Ltd 2 18/01/2007 Appendix 3 Page 2
Notice No 2 of 1991 - Commonwealth Bank of Australia Dated 17 April 1991, published in Gazette No S103, 17 April 1991: Commonwealth Bank of Australia This Notice ceased to have effect, with effect from 19 July 1996, as a result of s11 of the Commonwealth Bank Sale Act 1995; see the discussion at [2.09] in Part 1. 3 18/01/2007 Appendix 3 Page 3
Notice No 3 of 1991 - CSL Ltd, Commonwealth Funds Management Limited Dated 18 April 1991, published in Gazette S105, 19 April 1991: (a) Commonwealth Serum Laboratories Limited (b) on and from the date of commencement of Part III of the Commonwealth Funds Management Limited Act 1990, Commonwealth Funds Management Limited With effect from the CSL sale day of 3 June 1994, s30(1) of the CSL Sale Act 1993 provides that this Notice is to have effect on and after the sale day as if it did not contain a reference to Commonwealth Serum Laboratories Limited; see the discussion at [2.08] in Part 1. Notice No 5 of 1991 - Commonwealth Telecommunications Interim Board Ltd, Marine Management Services Pty Ltd Dated 11 December 1991, published in Gazette GN 49, 18 December 1991: Commonwealth Telecommunications Interim Board Ltd Marine Management Services Pty Ltd Notice No 1 of 1992 - Australian and Overseas Telecommunications Corporation Limited Dated 20 January 1992, published in Gazette GN 4, 29 January 1992: Australian and Overseas Telecommunications Corporation Limited Notice No 2 of 1992 - Australian Marine Science and Technology Limited, Totalcare Industries Limited, Filtron Pty Ltd Published in Gazette GN 21, 27 May 1992: Australian Marine Science and Technology Limited Totalcare Industries Limited Filtron Pty Ltd Filtron Pty Ltd is a subsidiary of CSL Limited (formerly Commonwealth Serum Laboratories). With effect from the CSL sale day of 3 June 1994, s30(1) of the CSL Sale Act 1993 provides that this Notice is to have effect on and after the sale day as if it did not contain a reference to Filtron Pty Ltd; see the discussion at [2.08] in Part 1. Notice No 3 of 1992 - Telecom Technologies Pty Ltd Dated 19 June 1992, published in Gazette GN 26, 1 July 1992: Telecom Technologies Pty Ltd Notice No 4 of 1992 - Australian Air Express Pty Limited Dated 29 July 1992, published in Gazette S215, 30 July 1992: Australian Air Express Pty Limited (ACN 054 307 336) 4 18/01/2007 Appendix 3 Page 4
Notice No 5 of 1992 - National Rail Corporation Limited (revoked 1 July 2001) Dated 1 September 1992, published in Gazette S252, 1 September 1992: National Rail Corporation Limited (ACN 052 134 362) Notice No 1 of 1993 - Australian Meat Technology Pty Ltd Dated 14 December 1993, published in Gazette GN 50, 22 December 1993: Australian Meat Technology Pty Ltd (ACN 059 733 425) The Explanatory Statement to the Notice described the company in the following terms: Australian Meat Technology Pty Ltd is a wholly owned subsidiary of the Meat Research Corporation which is a Commonwealth authority by reason of it being a body corporate incorporated for a public purpose by a law of the Commonwealth. Australian Meat Technology Pty Ltd will provide information to the Australian meat processing industry regarding technical matters such as power consumption involved in and changes to various processing techniques. That information is currently provided by the Meat Research Corporation. Australian Meat Technology Pty Ltd was incorporated in the Australian Capital Territory on 15 April 1993. The company was acquired on 29 July 1993 and is controlled by the Meat Research Corporation which is a Commonwealth authority. Notice No CA1 of 1994 - Visionstream Pty Limited Dated 20 June 1994, published in Gazette GN 25, 29 June 1994: Visionstream Pty Limited (ACN 062 604 193) Visionstream is a wholly owned subsidiary of Telstra Corporation Limited. Notice of Declaration - Telstra Multimedia Pty Limited (revoked 8/10/97) Dated 18 October 1995, published in Gazette S403, 19 October 1995: Telstra Multimedia Pty Limited (ACN 069-279 - 072) This Declaration was revoked by Notice No 7 of 1997, made on 29 September 1997, and published in Gazette GN 40 of 8 October 1997. Notice of Declaration - Telstra R&D Management Pty Ltd (revoked 8/10/97) Dated 26 October 1995, published in Gazette S416, 27 October 1995: Telstra R&D Management Pty Ltd (ACN 070-562 - 935) This Declaration was revoked by Notice No 7 of 1997, made on 29 September 1997, and published in Gazette GN 40 of 8 October 1997. Notice No CA1 of 1996 - Sydney Symphony Orchestra Holdings Pty Limited Dated 22 April 1996, published in Gazette S147, 30 April 1996: 5 18/01/2007 Appendix 3 Page 5
Sydney Symphony Orchestra Holdings Pty Limited (ACN 072 864 067) 6 18/01/2007 Appendix 3 Page 6
Notice CA2 of 1996 - Australia Foundation for Culture and the Humanities Ltd Dated 9 July 1996, published in Gazette S273, 17 July 1996: Australia Foundation for Culture and the Humanities Ltd (ACN 072 479 835) Notice No 2 of 1997 - Revocation of Declaration (Telstra Corporation Limited) Dated 6 May 1997, published in Gazette S198, 28 May 1997: I, PETER KEASTON REITH, Minister for Industrial Relations, revoke, with effect from 1 July 1997, the notice in writing of 20 January 1992 (Notice No 1 of 1992) declaring Telstra Corporation Limited (formerly the Australian and Overseas Telecommunications Corporation Limited) to be a body corporate to which the Safety, Rehabilitation and Compensation Act 1988 applies, that notice being a notice issued under paragraph (c) of the definition of Commonwealth authority appearing in subsection 4(1) of that Act. Notice No 5 of 1997 - Health Services Australia Ltd Dated 25 June 1997, published in Gazette S243, 30 June 1997: Health Services Australia Ltd (ACN 078 934 791) An Explanatory Statement accompanying the Notice described the measure in the following terms: The Australian Government Health Service (the AGHS) was a branch of the Department for Health and Family Services. It has been formed as a Commonwealth owned company, incorporated under the Corporations Law. The new company, HSA Ltd, was incorporated on 17 June 1997 and commenced operations on 1 July 1997. Part II of the Hearing Services and AGHS Reform Act 1997 provides in part for transitional provisions relating to the corporatisation of HSA Ltd, which is not to be taken for the purposes of another Act to be a Commonwealth authority established for a public purpose (clause 21 of this Act) For this reason it is necessary to declare it to be a Commonwealth authority for the purposes of the SRC Act. 7 18/01/2007 Appendix 3 Page 7
Notice No 6 of 1997 - Symphony Orchestra Companies Dated 30 June 1997, published in Gazette S267, 2 July 1997: (a) Symphony Australia Holdings Pty Ltd (ACN 079 005 566); (b) Adelaide Symphony Orchestra Pty Ltd (ACN 079 016 738); and (c) Melbourne Symphony Orchestra Pty Ltd (ACN 078 925 658). An Explanatory Statement accompanying the Notice described the measure in the following terms: The three new companies comprised the Concerts Division of the Australian Broadcasting Corporation (the ABC). The new companies, which were established under the Corporations Law and commenced operations on 1 July 1997, are wholly owned subsidiaries of the ABC. The activities of the ABC Concerts National Office have been taken over by Symphony Australia Holdings Pty Ltd. The Melbourne and Adelaide Symphony Orchestra have become the Melbourne and Adelaide Symphony Orchestras Pty Ltd, respectively. Because the bodies have been corporatised, it has been necessary to declare them each to be a Commonwealth authority for the purposes of the SRC Act, on and from 1 July 1997. Notice No 7 of 1997 - Notice of Revocation of Declaration Dated 29 September 1997, published in Gazette GN 40, 8 October 1997 I, PETER KEASTON REITH, Minister for Workplace Relations and Small Business, revoke, with effect from this date, the notices in writing of, 18 October 1995 declaring Telstra Multimedia Pty Ltd, and 26 October 1995 declaring Telstra R&D Management Pty Ltd to be bodies corporate to which the Safety, Rehabilitation and Compensation Act 1988 applies, those notices being notices issued under paragraph (d) of the definition of Commonwealth authority appearing in sub-section 4(1) of that Act. Notice No 9 of 1997 - Public Employment Placement Enterprise Ltd Dated 3 October 1997, published in Gazette S399, 8 October 1997 Public Employment Placement Enterprise Ltd. (ACN 076 685 802). Notice No 10 of 1997 - Public Employment Placement Enterprise (Administration) Pty Ltd Dated 3 October 1997, published in Gazette S399, 8 October 1997 Public Employment Placement Enterprise (Administration) Pty Ltd. (ACN 080 046 411). Notice No 12 of 1997 - Medibank Limited Dated 5 December 1997, published in Gazette S514, 9 December 1997 Medibank Limited (ACN 080 890 259) This Declaration was revoked by Notice No 3 of 1998 published in Gazette S217, 18 May 1998; a declaration was made in respect of Medibank Private Limited on and from 1 May 1998 in its place. 8 18/01/2007 Appendix 3 Page 8
Notice No 1 of 1998 - West Australian Symphony Orchestra Holdings Pty Ltd Dated 1 March 1998, published in Gazette S94, 5 March 1998 West Australian Symphony Orchestra Holdings Pty Ltd (ACN No: 081 230 284) Notice No 3 of 1998 - Medibank Private Limited Dated 8 May 1998, published in Gazette S 217, 18 May 1998: I, PETER KEASTON REITH, Minister for Workplace Relations and Small Business, for the purposes of paragraph (c) of the definition of Commonwealth authority in subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988: (a) revoke the previous declaration made in respect of Medibank Limited on 5 December 1997; and (b) declare that on and from 1 May 1998 the following body corporate is a body corporate to which that Act applies: Medibank Private Limited (ACN 080 890 259) Notice No 4 of 1998 - Australian Rail Track Corporation Dated 13 May 1998, published in Gazette S 217, 18 May 1998: Australian Rail Track Corporation (ACN 081 455 754) Note that ARTC Services Company Pty Ltd, a wholly owned subsidiary of the Corporation, was declared a Commonwealth authority by Notice No 1 of 2004. Notice No 7 of 1998 - Sydney Airports Corporation Limited Dated 30 June 1998, published in Gazette S 335, 3 July 1998: Sydney Airports Corporation Limited (ACN 082 578 809) Notice No 8 of 1998 - Bankstown Airport Limited Dated 30 June 1998, published in Gazette S 335, 3 July 1998: Bankstown Airport Limited (ACN 083 058 637) Notice No 10 of 1998 - Camden Airport Limited Dated 30 June 1998, published in Gazette S 335, 3 July 1998: Camden Airport Limited (ACN 083 056 464) Notice No 11 of 1998 - Hoxton Park Airport Limited Dated 30 June 1998, published in Gazette S 335, 3 July 1998: 9 18/01/2007 Appendix 3 Page 9
Hoxton Park Airport Limited (ACN 083 057 845) 10 18/01/2007 Appendix 3 Page 10
Notice No 12 of 1998 - Essendon Airport Limited Dated 30 June 1998, published in Gazette S 335, 3 July 1998: Essendon Airport Limited (ACN 082 907 980) Notice No 15 of 1998 - Note Printing Australia Limited Dated 27 August 1998, published in Gazette GN 36, 9 September 1998: Note Printing Australia Limited (ACN 082 630 671) (Note: Notice No 5 of 1998 is an identical version of this Notice, gazetted in GN 26 on 1 July 1998) Notice No 16 of 1998 - Notice of Revocation of Declaration - ADI Limited Dated 16 December 1998, published in Gazette S 606 of 22 December 1998: I, PETER KEASTON REITH, Minister for Employment, Workplace Relations and Small Business, revoke, with commencement from 1 January 1999, the notice in writing of 23 August 1989 (Notice No 1 of 1989, GN 32) declaring ADI Limited to be a body corporate to which the Safety, Rehabilitation and Compensation Act 1988 applies, that notice being a notice under paragraph (c) of the definition of "Commonwealth authority" appearing in sub-section 4(1) of that Act. Notice No 17 of 1998 - AWB Ltd Dated 11 December 1998, published in Gazette S 595, 17 December 1998: AWB Ltd (ACN 081 890 459) Notice No 1 of 1999 - Network Design & Construction Limited Dated 12 April 1999, Published in Gazette S 150 of 15 April 1999, p.1. Network Design & Construction Limited "on and from 12 April 1999" Notice No 2 of 1999 - Revocation of Notice of Declaration - Network Design & Construction Limited Dated 12 April 1999, Published in Gazette S 150 of 15 April 1999, p.3. I, PETER KEASTON REITH, Minister for Employment, Workplace Relations and Small Business, under paragraph (c) of the definition of "Commonwealth authority" in subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988 revoke, on and from 15 April 1999, Notice No 1 of 1999 declaring Network Design & Construction Limited as a body corporate to which that Act applies. The overall effect of the two Notices are that Network Design & Construction Limited was a "Commonwealth authority" between 12-14 April 1999. From 15 April 1999, it held a Class B Licence under Part VIIIB, by virtue of Notice No 1 of 1999 under Part VIIIB of the Act, published at pp 4-21 of Gazette S 159 of 15 April 1999. 11 18/01/2007 Appendix 3 Page 11
Notice No 6 of 1999 - Australian Air Express Pty Ltd (Revocation of Declaration) Made on 2 June 1999, published in Gazette GN 23, p1621, 9 June 1999 I, PETER KEASTON REITH, Minister for Employment, Workplace Relations and Small Business, under paragraph (c) of the definition of "Commonwealth authority" in subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988 revoke, on and from 1 July 1999, Notice No 4 of 1992 declaring the following corporation to be a body corporate to which that Act applies: Australian air Express Pty Ltd (ACN 054 307 336) Notice No 9 of 1999 - Tasmanian Symphony Orchestra Holdings Pty Limited Dated 27 September 1999, published in Gazette S464 of 1 October 1999, declared under paragraph (c): Tasmanian Symphony Orchestra Holdings Pty Limited (ACN 088 230 184) Notice No 10 of 1999 - Land Enterprise Australia Pty Ltd Dated 13 September 1999, published in Gazette GN 40 of 6 October 1999, p 3286, declared under paragraph (c): Land Enterprise Australia Pty Ltd (ACN 084 704 423) Notice No 4 of 2000 - Queensland Orchestras Pty Ltd Dated 22 December 2000, published in Gazette GN 2, 17 January 2001, p 207 declared on and from 1 January 2001 under paragraph (c): Queensland Orchestras Pty Ltd (ACN 094 916 444) Notice No 3 of 2001 - Revocation of Declaration of National Rail Corporation Limited Dated 20 June 2001, published in Gazette S 261 of 1 July 2001. This notice revoked, with effect from 1 July 2001, the declaration of National Rail Corporation Limited (ACN 052 134 362) as a Commonwealth authority. Notice No 5 of 2001 - Snowy Hydro Limited Dated 27 June 2001, published in Gazette GN 27, 11 July 2001, p 1945 declared on and from the date of this declaration under paragraph (c): Snowy Hydro Limited (ACN 090 574 431) Legislative Instrument F2006B01577, registered 11/9/06. Declaration - Australian Strategic Policy Institute Limited 12 18/01/2007 Appendix 3 Page 12
Dated 28 September 2003, published in Gazette GN 40, 8 October 2003, p 2975. Declared under subparagraph (c)(iii): Australian Strategic Policy Institute Limited (ABN 77 097 369 045) Notice No 1 of 2004 - ARTC Services Company Pty Ltd Dated 30 June 2004, published in Gazette GN 29, 21 July 2004, p 2219. Declared under paragraph (c): ARTC Services Company Pty Ltd (ACN 105 451 483) ARTC Services is a wholly owned subsidiary of the Australian Rail Track Corporation Ltd, which was itself declared a Commonwealth authority on 13 May 1998. 13 18/01/2007 Appendix 3 Page 13