1998-1999-2000-2001

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

House of Representatives

ABOLITION OF COMPULSORY AGE RETIREMENT (STATUTORY OFFICEHOLDERS) Bill 2001

EXPLANATORY MEMORANDUM

(Circulated by authority of the Attorney-General,
the Hon Daryl Williams AM QC MP)

Abolition Of Compulsory Age Retirement (Statutory Officeholders) Bill 2001
Outline
This Bill amends Acts which specify compulsory age retirement limits for statutory office holders.
The Bill repeals provisions in various Acts that prevent the appointment of a person over a certain age or for a term that would continue beyond a certain age (commonly 65 years).  The amendments complement the removal of compulsory age retirement in the Australian Public Service (APS) and aim to remove unnecessary barriers to the continued appointment of those over 65 to Commonwealth statutory appointments.  
The amendments will not affect the existing term of statutory office holders appointed before the Bill commences.  The amendments will, however, remove any restrictions on their reappointment based on their age.
No amendments are proposed in relation to federal judicial appointments or in relation to Australian Defence Force personnel.  No amendments are proposed in relation to provisions under which office holders are appointed with tenure until a specified age.
Financial Impact
The amendments will have little, if any, financial impact.

Notes on clauses
Clause 1 - Short title
1.	1.This is a formal clause which specifies that the amending Bill, if enacted, will  be known as the Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001.
Clause 2 - Commencement
2.	This clause provides that the Bill, if enacted, will commence on the 28th day after it receives Royal Assent.
3.    	If the Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 (which is currently before the Parliament) is enacted and commences before the Bill commences, then the amendments proposed by Items 6 to 8 of Schedule 1 of the Bill to the Administrative Appeals Tribunal Act 1975 (the AAT Act) will not be made.  The Administrative Review Tribunal (Consequential and Transitional Provisions) Bill proposes to repeal the AAT Act and will therefore remove the age retirement provisions it contains.
4. 	 If the Snowy Hydro Corporatisation Act 1997 (an Act which was passed by the Parliament but is yet to commence) commences before the Bill commences, then the amendments proposed by Item 86 of Schedule 1 of the Bill to the Snowy‑Mountains Hydro-Electric Power Act 1949 will not be made.  Once it commences, the Snowy Hydro Corporatisation Act will repeal the Snowy‑Mountains Hydro-Electric Power Act and will therefore remove the age retirement provisions set out in that Act.
Clause 3 – Schedules
5.	This clause provides that the Items in the Schedule to the Bill amend the acts specified in the Schedule.
Schedule 1 – Abolition of compulsory age retirement 
Part 1 – Amendments
Items	1-5	Aboriginal and Torres Strait Islander Commission Act 1989
These Items repeal age retirement provisions relating to the Chief Executive Officer, the Director of Evaluation and Audit, the Torres Strait Regional Authority General Manager, the Indigenous Business Australia Director, and the Indigenous Business Australia General Manager of the Aboriginal and Torres Strait Islander Commission.
Items	6-8	Administrative Appeals Tribunal Act 1975
These Items repeal age retirement provisions relating to the Deputy President, senior member, member and Registrar of the Administrative Appeals Tribunal.
Items	9-10	Australia Council Act 1975
These Items repeal age retirement provisions relating to the full-time Chairperson and the General Manager of the Australia Council.
Item  	11	Australian Bureau of Statistics Act 1975	
This Item repeals an age retirement provision relating to the Australian Statistician of the Australian Bureau of Statistics.  
Item  	12	Australian Capital Territory (Planning and Land Management) Act 1988
This Item repeals an age retirement provision relating to a full-time member of the National Capital Authority.  
Item  	13	Australian Centre for International Agricultural Research Act 1988 
This Item repeals an age retirement provision relating to the Director of the Australian Centre for International Agricultural Research.  
Item  	14	Australian Film, Television and Radio School Act 1973	
This Item repeals an age retirement provision relating to the Director and the Acting Director of the Council of the Australian Film, Television and Radio School.  
Item  	15	Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
This Item repeals an age retirement provision relating to the Principal of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
Item  	16	Australian Institute of Health and Welfare Act 1987	
This Item repeals an age retirement provision relating to a member of the Australian Institute of Health and Welfare.
Items	17-19	Australian Institute of Marine Science Act 1972	
These Items repeal age retirement provisions relating to the Director and Acting Director of the Institute of Marine Science.
Item  	20	Australian National Maritime Museum Act 1990	
This Item repeals an age retirement provision relating to the Director of the Australian National Maritime Museum.
Items	21-22	Australian Nuclear Science and Technology Organisation Act 1990
These Items repeal age retirement provisions relating to full-time members of the Board of Directors and the Executive Director of the Australian Nuclear Science and Technology Organisation.
Items	23-24	Australian Securities and Investments Commission Act 2001
These Items repeal age retirement provisions relating to full-time members of the Australian Securities and Investments Commission and the Corporations and Securities Panel.
Items	25-26	Australian Security Intelligence Organisation Act 1979
Item 25 makes a minor amendment to s.9(1) of the Australian Security Intelligence Organisation Act 1979 as a consequence of the repeal of s.9(2) proposed by Item 26.
Item 26 repeals an age retirement provision relating to the Director-General of the Australian Security Intelligence Organisation.
Items	27-28	Australian Sports Commission Act 1989
These Items repeal age retirement provisions relating to the Executive Director of the Australian Sports Commission and the Director of the Australian Institute of Sport.
Item  	29	Australian Sports Drug Agency Act 1990
This Item repeals an age retirement provision relating to the Chief Executive of the Australian Sports Drug Agency.
Items	30-31	Australian Tourist Commission Act 1987
These Items repeal age retirement provisions relating to the Managing Director of the Australian Tourist Commission.
Item  	32	Australian Trade Commission Act 1985
This Item repeals an age retirement provision relating to the Managing Director and the Deputy Managing Director of the Australian Trade Commission.
Item  	33	Australian War Memorial Act 1980
This Item repeals an age retirement provision relating to the Director of the Australian War Memorial.
Item  	34	Australian Wine and Brandy Corporation Act 1980
This Item repeals an age retirement provision relating to members of the Australian Wine and Brandy Corporation.
Item  	35	Commonwealth Electoral Act 1918
This Item repeals an age retirement provision relating to electoral officers.
Item  	36	Criminology Research Act 1971
This Item repeals an age retirement provision relating to the Director of the Australian Institute of Criminology.
Item  	37	Customs Administration Act 1985
This Item repeals an age retirement provision relating to the Chief Executive Officer of Customs.
Item	38	Defence Force Discipline Act 1982	
This Item repeals an age retirement provision relating to the Judge Advocate General and the Deputy Judge Advocate General.
Items	39-40	Defence Force Retirement and Death Benefits Act 1973
These Items repeal age retirement provisions relating to the Deputy Chairman, members or deputy members of the Defence Force Retirement and Death Benefits Authority.
Items	41-44		Defence Housing Authority Act 1987
These Items repeal age retirement provisions relating to the members and the Managing Director of the Defence Housing Authority.
Item  	45	Development Allowance Authority Act 1992
This Item repeals an age retirement provision relating to the statutory office of the Development Allowance Authority.
Items	46-47		Director of Public Prosecutions Act 1983
These Items repeal age retirement provisions relating to the Director of Public Prosecutions and the Associate Director of Public Prosecutions.
Item 	48	Equal Opportunity for Women in the Workplace Act 1999
This Item repeals an age retirement provision relating to the Director of the Equal Opportunity for Women in the Workplace Agency.
Items	49-51		Export Finance and Insurance Corporation Act 1991
Item 49 makes a minor amendment to subsection 35(2) of the Export Finance and Insurance Corporation Act 1991 as a consequence of the repeal of s.36(2) proposed by Item 50.  
Item 50 repeals age retirement provisions relating to a member and government member of the Export Finance and Insurance Corporation Board.
Item 51 repeals age retirement provisions relating to the Managing Director and Deputy Managing Director of the Export Finance and Insurance Corporation Board.
Items	52-56	Family Law Act 1975
Items 52 and 54 repeal age retirement provisions relating to a full-time Judicial Registrar of the Family Court of Australia.  Item 53 makes a minor amendment consequential on the removal of the age retirement provisions for the Judicial Registrar by removing the requirement that a Judicial Registrar over the age of 65 years can only be appointed on a part time basis.
Items 55-56 repeal age retirement provisions relating to the Chief Executive Officer of the Family Court of Australia and the Director of the Australian Institute of Family Studies.
Items	57-58	Federal Court of Australia Act 1976
These Items repeal age retirement provisions relating to a Registrar and a full‑time assessor of the Federal Court of Australia.
Items	59-60	Great Barrier Reef Marine Park Act 1975
Item 59 makes a minor amendment to s.11(1) of the Great Barrier Reef Marine Park Act 1975 as a consequence of the repeal s.11(2) proposed by Item 60.
Item 60 repeals an age retirement provision relating to the Chairperson of the Great Barrier Reef Marine Park Authority.
Item 	61	Health Insurance Commission Act 1973
This Item repeals an age retirement provision relating to the Managing Director of the Health Insurance Commission.
Item  	62	High Court of Australia Act 1979
This Item repeals an age retirement provision relating to the Chief Executive and Principal Registrar of the High Court of Australia.
Item  	63	Industrial Chemicals (Notification and Assessment) Act 1989
This Item repeals an age retirement provision relating to the Director of Chemicals Notification and Assessment.
Item  	64	Inspector-General of Intelligence and Security Act 1986
This Item repeals an age retirement provision relating to the office of Inspector‑General of Intelligence and Security.
Items	65-66	Maritime College Act 1978
Item 65 makes a minor amendment to s.26(4) of the Maritime College Act 1978 as a consequence of the repeal of s.25(5) proposed by Item 66.  
Item 66 repeals an age retirement provision relating to the Principal of the Australian Maritime College.
Item 	67	National Crime Authority Act 1984
This Item repeals an age retirement provision relating to members of the National Crime Authority.
Item 	68	National Gallery Act 1975
This Item repeals an age retirement provision relating to the Director of the National Gallery.
Items	69-70	National Health Act 1953
Item 69 makes a minor amendment to s.82PH(4) of the National Health Act 1953 as a consequence of the repeal of  ss.82PH(5) and (6) proposed by Item 70.  
Item 70 repeals age retirement provisions relating to the Chief Executive Officer of the Private Health Insurance Administration Council.
Item 	71	National Library Act 1960
This Item repeals an age retirement provision relating to the Director-General of the National Library.
Item 	72	National Measurement Act 1960
This Item repeals an age retirement provision relating to the Executive Director of the National Standards Commission.
Item 	73	National Museum of Australia Act 1980
This Item repeals an age retirement provision relating to the Director of the National Museum of Australia.
Items	74-75	National Occupational Health and Safety Commission Act 1985
These Items repeal age retirement provisions relating to the Chief Executive Officer of the National Occupational Health and Safety Commission and the Director of the National Institute of Occupational Health and Safety.
Item 	76	Native Title Act 1993
This Item repeals an age retirement provision relating to the Native Title Registrar.
Item 	77	Nuclear Non-Proliferation (Safeguards) Act 1987
This Item repeals an age retirement provision relating to the Director of Safeguards of the Australian Safeguards Office.
Items	78-79	Office of National Assessments Act 1977
Item 78 makes a minor amendment to s.11(1) of the Office of National Assessments Act 1977 as a consequence of the repeal of s.11(2) proposed by Item 79.  
Item 79 repeals an age retirement provision relating to the Director General of the Office of National Assessments.
Item 	80	Ombudsman Act 1976
This Item repeals an age retirement provision relating to the Ombudsman.
Item 	81	Parliamentary Counsel Act 1970
This Item repeals an age retirement provision relating to the First Parliamentary Counsel and Second Parliamentary Counsel.
Items	82-84	Privacy Act 1988
Item 82 makes a minor amendment to s.20(1) of the Privacy Act 1988 as a consequence of the repeal s.20(2) proposed by Item 83.  
Item 83 repeals an age retirement provision relating to the Privacy Commissioner.
Item 84 repeals an age retirement provision relating to members of the Privacy Advisory Committee.
Item 	85	Science and Industry Research Act 1949
This Item repeals an age retirement provision relating to the Chief Executive of the Commonwealth Scientific and Industrial Research Organisation.
Item 	86	Snowy-Mountains Hydro-Electric Power Act 1949
This Item repeals an age retirement provision relating to the Commissioner and Associate Commissioners of the Snowy-Mountains Hydro-Electric Power Authority.
Items	87-88		Special Prosecutors Act 1982
Item 87 makes a minor amendment to s.10(1) of the Special Prosecutors Act 1982 as a consequence of the repeal of s.10(2) proposed by Item 88.  
Item 88 repeals an age retirement provision relating to Special Prosecutors.
Item 	89	Superannuation Act 1976
This Item repeals an age retirement provision relating to the Commissioner of Superannuation.
Items	90-91	Taxation Administration Act 1953
Item 90 makes a minor amendment to s.5(1) of the Taxation Administration Act 1953 as a consequence of the repeal of s.5(2) proposed by Item 91.
Item 91 repeals age retirement provisions relating to the Commissioner of Taxation and Second Commissioners of Taxation.
Items	92-94	Veterans’ Entitlements Act 1986
These Items repeal age retirement provisions relating to members of the Veterans’ Review Board and Commissioners of the Repatriation Commission.
Item 	95	War Graves Act 1980
This Item repeals an age retirement provision relating to the Director of War Graves.
Item 	96	Workplace Relations Act 1996
This Item repeals an age retirement provision relating to the Industrial Registrar of the Australian Industrial Registry.

Part 2 – Application of amendments
Item  	97		Application of amendments
This Item will ensure that the repeals of age retirement provisions proposed by Part 1 of Schedule 1 will not affect the terms of statutory office holders who were appointed  before the commencement of the Item.