Commonwealth Numbered Acts

ABORIGINAL DEVELOPMENT COMMISSION ACT 1980 No. 34 of 1980 - SECT 51

51. (1) On the date on which an Act that established an original Commission is
repealed by this Act-

   (a)  any rights, property or assets (other than the shares referred to in
        section 55) that immediately before that date were vested in the
        original Commission are, by force of this sub-section, vested in the
        Development Commission and shall, for the purposes of sections 27, 28
        and 29, be deemed to have been acquired by the Development Commission
        by agreement;

   (b)  all debts, liabilities and obligations of the original Commission
        existing immediately before that date become, by force of this sub-
        section, debts, liabilities and obligations of the
        Development Commission, and the moneys of the General Fund may be
        applied in payment or discharge of any such debt, liability or
        obligation; and

   (c)  any arrangement or contract to which the original Commission was a
        party and which was in force immediately before that date continues in
        force, notwithstanding the repeal, but that arrangement or contract
        has effect, on and after that date, as if-

        (i)    the Development Commission were substituted for the original
               Commission as a party to the arrangement or contract; and

        (ii)   any reference in the arrangement or contract to the original
               Commission were (except in relation to matters that occurred
               before that date) a reference to the Development Commission.

(2) Where, immediately before the date on which an Act that established an
original Commission is repealed by this Act, proceedings to which the original
Commission was a party were pending in any court, the Development Commission
is, by force of this sub-section, substituted for the original Commission as a
party to the proceedings.

(3) In making any determination under sub-section 30 (2), the Treasurer may
have regard to guarantees to which the Commission is a party by virtue of the
operation of paragraph (1) (c) of this section.

(4) Where, before the date on which an Act that established an original
Commission is repealed by this Act-

   (a)  a complaint was made to the Ombudsman, or the Ombudsman commenced an
        investigation, under the Ombudsman Act 1976 in relation to action
        taken by the original Commission; and

   (b)  the Ombudsman had not finally disposed of the matter in accordance
        with the Ombudsman Act 1976, the Ombudsman Act 1976 applies on and
        after that date as if that action had been taken by the
        Development Commission.