Page 2786 - Week 10 - Tuesday, 14 August 1990
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Mr Acting Speaker, the Opposition supports the Bills. While the ACT has no power to legislate with respect to companies because of the provision in section 23(1)(h) of the Australian Capital Territory (Self-Government) Act, we do, of course, have power to legislate with respect to incorporating associations, and that is given effect by the Associations Incorporation Act 1953. Prior to these amendments, that Act continued to be administered by the Commonwealth Corporate Affairs Commission, albeit on behalf of the ACT. The purpose of the first Bill, as explained by the Attorney, is to provide a discrete registrar of incorporated associations to administer this Act. This is a sensible move and one which is supported by the Opposition. The same explanation applies to the Business Names Act 1963 and the Unclaimed Moneys Act 1950 which have also hitherto been administered by the Commonwealth Corporate Affairs Commission on behalf of the ACT. Again, the Bills, as explained by the Attorney-General, create a discrete position of registrar to administer each Act. The Opposition shares the Government's expectation that these measures will be revenue neutral because in each case fees and charges will be levied to provide for the cost of administration.
The Evidence (Laws and Instruments) (Amendment) Bill, as explained by the Attorney, makes the necessary changes to legislation to ensure that actions by the three registrars created under the earlier Acts will be recognised in legal proceedings of courts in the Territory; again, a sensible consequential provision.
Mr Acting Speaker, the Opposition supports these four Bills and wishes them a speedy passage through the Assembly.
MR COLLAERY (Attorney-General) (4.37), in reply: First of all, I thank my legal colleague Mr Connolly for his comments. The Government certainly has brought forward these minor amendment Bills urgently and I apologise for not introducing them cognately, due to some confusion when they were put on the table. This is a welcome response from the Opposition because passage of these Bills today, or at least by the end of this week, is vital for a number of functional reasons.
Although comparatively simple in their content, these Bills are a step further towards full control over locally incorporated associations and associated matters such as the registration of business names. In the area of unclaimed moneys, that is, money which is unclaimed after corporate liquidations or payments of dividends, the money has, since 1950, been paid to the Commonwealth. This money is paid into revenue but is available for payment to a claimant in accordance with procedures set out in the principal Act.
A tentative arrangement has been reached between the Commonwealth and the ACT that all moneys paid into Commonwealth revenue since self-government will be paid to
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