58-6223a021 - Victorian Legislation

Victorian Legislation and Parliamentary Documents
Version No. 021
Commonwealth Arrangements Act 1958
Act No. 6223/1958
Version incorporating amendments as at 1 July 1998
TABLE OF PROVISIONS
Section
1.
Short title, commencement and division
2.
Repeal
PART 1—GENERAL
3.
4.
5.
5A.
6.
6A.
3
Power to permit use of Government House and public
buildings
Temporary assistance by public service
Service in Commonwealth not to disqualify for Victorian
service
Arrangements where officer performs duties for the
Commonwealth
Arrangements where any work or service to be performed
for the Commonwealth
Arrangements for services etc. of Commonwealth officer
PART 2—TAXATION OF SALARIES OF STATE OFFICERS
7.
8.
9.
Page
1
1
Definition
Taxation by Commonwealth of salaries of State officers and
Members of Parliament etc.
Salary of Governor
__________________
SCHEDULE—Repeals
3
3
4
4
4
5
6
6
6
6
7
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ENDNOTES
8
1. General Information
8
2. Table of Amendments
9
3. Explanatory Details
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Victorian Legislation and Parliamentary Documents
Version No. 021
Commonwealth Arrangements Act 1958
Act No. 6223/1958
Version incorporating amendments as at 1 July 1998
An Act to consolidate the Law providing for certain matters in
Victoria in connexion with the Commonwealth.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title, commencement and division
This Act may be cited as the Commonwealth
Arrangements Act 1958, and shall come into
operation on a day to be fixed by proclamation of
the Governor in Council published in the
Government Gazette, and is divided into Parts as
follows—
Part I—General ss 3–6
Part II—Taxation of Salaries of State Officers
ss 7–9.
2. Repeal
(1) The Acts mentioned in the Schedule to the extent
hereby expressed to be repealed are hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under any of the
repealed Acts or existing or continuing under
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Victorian Legislation and Parliamentary Documents
s. 2
any of such Acts immediately before the
commencement of this Act shall under and
subject to this Act continue to have the same
status operation and effect as they
respectively would have had if such Acts had
not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph, such
repeal shall not disturb the continuity of
status operation or effect arrangement order
consent liability or right made effected
issued granted given accrued incurred or
acquired or existing or continuing by or
under any of such Acts before the
commencement of this Act.
_______________
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Part I—General
s. 3
Victorian Legislation and Parliamentary Documents
PART I—GENERAL
3. Power to permit use of Government House and
public buildings
No. 3658 s. 3.
Subject to such terms and conditions as may be
deemed expedient and notwithstanding anything
contained in any Act it shall be lawful for the
Governor in Council from time to time by
agreement with the Governor-General or
otherwise to make arrangements—
(a) for the use and occupation of the
Government House St. Kilda-road,
Melbourne by the Governor-General; or
(b) for the use and occupation by officers of the
Commonwealth and the public for the
purpose of transacting Commonwealth
business of any part of any public building
not used exclusively in connexion with any
department of the public service transferred
to the Commonwealth.
The Governor in Council may make such orders
and give such directions as may be necessary or
desirable for the purpose of carrying out or giving
effect to all or any arrangements made as
aforesaid.
4. Temporary assistance by public service
Notwithstanding anything contained in any Act, it
shall be lawful for any employee in the public
service of Victoria with the consent of the
Governor in Council to temporarily act in any
office or capacity in which he may be required to
act for or on behalf of the Federal Government in
addition to carrying out or executing his duties as
an employee in the public service of Victoria.
3
No. 3658 s. 4.
S. 4
amended by
No. 46/1998
s. 7(Sch. 1).
Commonwealth Arrangements Act 1958
Act No. 6223/1958
s. 5
Victorian Legislation and Parliamentary Documents
No. 3658 s. 5.
S. 5
amended by
No. 46/1998
s. 7(Sch. 1).
S. 5A
inserted by
No. 8656
s. 2(1)(Sch. 1
Pt B item 1).
Part I—General
5. Service in Commonwealth not to disqualify for
Victorian service
The fact that any person is an officer of the
Commonwealth shall not disqualify him from also
executing the duties of any employee in the public
service of Victoria.
5A. Arrangements where officer performs duties for the
Commonwealth
Where an officer performs duties for the
Commonwealth the Governor in Council may, by
agreement with the Governor-General of the
Commonwealth or otherwise, make arrangements
for determining—
(a) the rate of payment to be made to Victoria
for the performance of those duties; and
(b) any matters which may require to be adjusted
with regard to the performance of such duties
by such Officer.
No. 3658 s. 6.
S. 6
substituted by
No. 8656
s. 2(1)(Sch. 1
Pt B item 1).
6. Arrangements where any work or service to be
performed for the Commonwealth
The Governor in Council may, at the request of
the Governor-General of the Commonwealth,
authorize and cause any work or service to be
performed for the Commonwealth and the
Governor in Council, by agreement with the
Governor-General or otherwise, may make
arrangements for determining—
(a) the rate of payment to be made by the
Commonwealth for the performance of that
work or service; and
(b) any matters which may require to be adjusted
with regard to the performance of that work
or service.
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Part I—General
Victorian Legislation and Parliamentary Documents
6A. Arrangements for services etc. of Commonwealth
officer
(1) The Governor in Council may make arrangements
with the Governor-General for the performance or
execution by an officer of the public service of the
Commonwealth for the Government of Victoria of
any work or services or for the performance of the
duties of any employee in the public service of
Victoria.
s. 6A
S. 6A
inserted by
No. 7809 s. 13.
S. 6A(1)
amended by
No. 46/1998
s. 7(Sch. 1).
(2) In any such case the Governor in Council may
pursuant to an agreement with the GovernorGeneral make arrangements for determining—
(a) the rate of payment to be made by the
Government of Victoria for the work or
services to be performed or the duties to be
executed for it by the officer or employee;
and
S. 6A(2)(a)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) any matters which may require to be adjusted
with regard to the performance of the work
or services or the execution of the duties by
the officer or employee.
S. 6A(2)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
_______________
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
s. 7
Part II—Taxation of Salaries of State Officers
Victorian Legislation and Parliamentary Documents
PART II—TAXATION OF SALARIES OF STATE OFFICERS
No. 3658 s. 7.
7. Definition
In this Part unless inconsistent with the context or
subject-matter "Officers of the State of Victoria"
includes all persons in any office or employment
under the Crown or the Government of Victoria
(including the public service the railway service
the police force the Mental Hygiene Department
service or employment in any office of Parliament
and service or employment under the Country
Roads Act 1958) or in any office or employment
for which payment is provided out of the
Consolidated Revenue.
No. 3658 s. 8.
8. Taxation by Commonwealth of salaries of State
officers and Members of Parliament etc.
The taxation by the Commonwealth in common
with other salaries earned within the
Commonwealth of—
(a) the official salaries of officers of the State of
Victoria residing in the said State; and
(b) the parliamentary salaries and allowances of
responsible Ministers of the Crown and other
Members of either House of Parliament—
shall not, if the taxation is not at a higher rate or to
a greater extent than is imposed on other salaries
of the same amount earned within the
Commonwealth, be deemed to be an interference
with the exercise of any power of the State.
Nos 3658 s. 9,
3943 s. 2.
9. Salary of Governor
This Part shall not apply to the salary of the
Governor.
__________________
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Sch.
Victorian Legislation and Parliamentary Documents
SCHEDULE
Number
of Act
3658
3822
3943
Title of Act
Extent of Repeal
Commonwealth Arrangements
Act 1928
Sessional Acts Revision Act
1929
Statute Law Revision Act 1930
So much as is not already
repealed.
Section 6(3).
Item in Schedule referring
to Commonwealth
Arrangements Act 1928.
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Endnotes
Victorian Legislation and Parliamentary Documents
ENDNOTES
1. General Information
The Commonwealth Arrangements Act 1958 was assented to on
30 September 1958 and came into operation on 1 April 1959: Government
Gazette 18 March 1959 page 892.
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Endnotes
Victorian Legislation and Parliamentary Documents
2. Table of Amendments
This Version incorporates amendments made to the Commonwealth
Arrangements Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The Constitution Act Amendment (Electoral) Act 1969, No. 7809/1969
Assent Date:
6.5.69
Commencement Date:
1.7.69: Government Gazette 25.6.69 p. 1846
Current State:
All of Act in operation
Public Service Act 1974, No. 8656/1974
Assent Date:
20.12.74
Commencement Date:
1.8.75: s. 1(2)
Current State:
All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Commonwealth Arrangements Act
1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Commonwealth Arrangements Act 1958
Act No. 6223/1958
Endnotes
Victorian Legislation and Parliamentary Documents
3. Explanatory Details
No entries at date of publication.
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