Commonwealth Consolidated Acts

ALBURY-WODONGA DEVELOPMENT ACT 1973 - SECT 8

             (1)  The functions of the Corporation under this Act are:

                     (a)  to prepare the Corporation, over a period ascertained in accordance with the Winding-up Agreement, for abolition by a future Act; and

                     (b)  for the purposes of preparing the Corporation for abolition as mentioned in paragraph (a), to dispose of the assets of the Corporation; and

                     (c)  to assist the Commonwealth and other persons in connection with the winding-up of the Corporation and the joint Commonwealth/State scheme; and

                     (d)  for the purposes of facilitating the winding-up of the Corporation and the joint Commonwealth/State scheme:

                              (i)  to acquire assets that were previously held by the Albury-Wodonga (New South Wales) Corporation or the Albury-Wodonga (Victoria) Corporation; and

                             (ii)  to hold such assets; and

                            (iii)  to prepare such assets for disposal (including by way of developing or improving such assets); and

                            (iv)  to dispose of such assets; and

                     (e)  if requested by or on behalf of the Commonwealth, or by or on behalf of an authority of the Commonwealth, to do so--to act as the agent of the Commonwealth, or the authority of the Commonwealth, in relation to the disposal of land in the Albury-Wodonga region.

             (2)  The Corporation has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions and, in particular, without limiting the generality of the foregoing, has power:

                     (a)  to enter into contracts and agreements; and

                     (b)  either directly or by arrangement with other persons, to construct buildings and works and carry on services.

             (3)  Where it appears to the Minister that an Act of the Parliament of the State of New South Wales or of the State of Victoria or part of such an Act confers or imposes on the Corporation functions, powers or duties for the purposes of the Winding-up Agreement or for purposes that are otherwise complementary to this Act, the Minister may, by notice published in the Gazette , declare that Act or that part of that Act, as the case may be, to be complementary to this Act.

             (4)  It is hereby declared to be the intention of the Parliament that the Corporation may have and be subject to functions, powers and duties specified by an Act or part of an Act for the time being declared under subsection (3) to be complementary to this Act.

             (5)  For the purposes of subsection (3), each of the following purposes is taken to be a purpose that is complementary to this Act:

                     (a)  the purpose of facilitating the disposal of the assets of the Corporation;

                     (b)  the purpose of facilitating the winding-up of the Corporation;

                     (c)  the purpose of facilitating the winding-up of the joint Commonwealth/State scheme.

          (5A)  For the purposes of subsection (3), if an Act of New South Wales, or a part of such an Act, confers or imposes on the Corporation functions, powers or duties of a kind that were previously conferred or imposed on the Albury-Wodonga (New South Wales) Corporation, that Act or that part of that Act, as the case may be, is taken to confer or impose those functions, powers or duties for purposes that are complementary to this Act.

          (5B)  For the purposes of subsection (3), if an Act of Victoria, or a part of such an Act, confers or imposes on the Corporation functions, powers or duties of a kind that were previously conferred or imposed on the Albury-Wodonga (Victoria) Corporation, that Act or that part of that Act, as the case may be, is taken to confer or impose those functions, powers or duties for purposes that are complementary to this Act.

             (6)  The Corporation shall comply with any written directions given to it by the Minister with respect to the performance of its functions, the exercise of its powers and its procedures.

             (7)  The Corporation shall comply in all respects with the provisions of the Winding-up Agreement that are applicable to it.

             (8)  This section shall not be read as limiting the matters that may be dealt with by Departments or authorities of the Commonwealth, other than the Corporation.

             (9)  To avoid doubt, a reference in subsection (1) to:

                     (a)  the abolition or winding-up of the Corporation; or

                     (b)  the winding-up of the joint Commonwealth/State scheme;

does not, by implication:

                     (c)  require the Corporation to dispose of all of its assets; or

                     (d)  prevent functions, powers or duties being conferred or imposed on the Corporation by a law of New South Wales or Victoria.

           (10)  It is the intention of the Parliament that subsection (1) is not to apply to the exclusion of a law of New South Wales or Victoria to the extent to which that law is capable of operating concurrently with that subsection.