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1 The whole of the Act
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Inserts the Secretary of the Department that administers the Environment Protection and Biodiversity Conservation Act 1999
10 After paragraph 14(b)
Repeal section and substitute with new content.
11 Section 31
Repeal specified subparagraphs and substitute with heritage list references.
12 Subparagraphs 27(7)(d)(i) and (ii) of Schedule 3
Prohibits the subparagraphs from being included in heritage lists.
13 Subclause 28(4) of Schedule 3
2 Subsection 9(3)
Insertion of a clause after Australian Heritage Commission Act 1975
3 Paragraphs 78(8)(l) and (m)
Secretary of Department must provide evidence about heritage values.
31 Evidence on heritage values of a place
4 Section 30-15 (cell at table item 6, column headed “Type of
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Gift of a place included in certain heritage lists is prohibited.
4 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
Prohibits gift of a place included in certain heritage lists.
Applicability of amendment to gifts made after specific commencement dates.
5 Application of amendment of section 30-15
The amendment applies from the specified dates onwards.
Defines the temporal interval for the amendment's applicability.
The amendment applies to gifts made after the commencement of Divisions 1A and 3A of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and Part 5 of the Australian Heritage Council Act 2003.
The amendment's application is related to gifts made after the specified dates.
Analyzes the amendment's application in relation to gifts made after specific commencement dates.
There is an obligation to apply the amendment to gifts made after the specified dates.
Classifies the type of obligation or prohibition.
The amendment applies to gifts made after specific commencement dates.
The amendment's applicability is contingent on the specified dates.
Defines the temporal relationship between the amendment and its applicability.
The amendment's applicability is structured according to the specified dates.
Validates the structure of the amendment's applicability.
6 Subsection 995-1(1) (definition of Heritage Secretary)
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Consequential and transitional provisions
6 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
Prohibits omission of Environment Protection and Biodiversity Conservation Act 1999
7 Subsection 6(3)
Omit 'the Australian Heritage Commission,'.
8 Paragraph 14(b)
Prohibits the use of 'the Australian Heritage Commission,'.
9 At the end of paragraph 14(b)
1 Meaning of Australian Heritage Commission
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10 Regulations
(a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Regulations are permitted for transitional issues
(2) In particular, the regulations may prescribe arrangements to deal with any issues of a transitional nature that may arise as a result of the repeal by this Act of the Australian Heritage Commission Act 1975.
Regulations are necessary for transitional issues
Regulations are permitted for carrying out or giving effect to this Act
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Reference to Australian Heritage Commission is taken to be a reference to the Commonwealth after commencement.
2 References to the Australian Heritage Commission
References a subclass of the Commonwealth.
Vesting of rights, property and assets; liability for debts and obligations
3 Assets and liabilities of the Australian Heritage
4 Registration of transfers of land
Definition of land registration official
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Certificate requirements for assets other than land
5 Certificates concerning assets other than land
Temporal relation between vested assets and certificates
Lands Acquisition Act does not apply to this Schedule
6 Lands Acquisition Act does not apply to this Schedule
Exemption from stamp duty and other taxes
7 Exemption from stamp duty and other taxes
8 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
Substitution of Commonwealth as party to pending proceedings
8 Pending proceedings
Replaces Australian Heritage Commission with Commonwealth as party to proceedings
Commission must include a report on operations of the Australian Heritage Commission.
9 Final report on operations of the Australian Heritage
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.6
1 Short title
1 Section 1
1 January 2004
2 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
2 Commencement
Commences Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003
2 Section 2
23 September
3 Schedule(s)
An Act to repeal and amend certain Acts as a consequence of the enactment of the Australian Heritage Council Act 2003, and for related purposes
Australian Heritage Council (Consequential and Transitional Provisions) Act 2003