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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Albury-Wodonga Development Repeal
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Repeal of Albury-Wodonga Development Act 1974 No 47 3
5 Dissolution of Corporation 3
6 Members of Corporation to vacate office 3
7 Transfer of assets of Corporation 3
8 Transfer of contractual rights and obligations of
Corporation 4
9 Transfer of liabilities of Corporation 5
10 Operation of sections 7, 8 and 9 5
11 Assets, contractual rights and obligations, and liabilities
not transferred on the transfer day 6
12 Construction of references to Corporation 6
13 Approved form of winding-up agreement 6
14 Minister may sign winding-up agreement on behalf of
State 7
15 Approval of winding-up agreement 7
16 Functions and powers of Development Corporation 7
17 Amendment of other Acts 7
18 Regulations 7
Schedule 1 Amendment of Acts 9
Albury-Wodonga Development Repeal Bill 1998
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Albury-Wodonga Development Repeal
Bill 2000
Act No , 2000
An Act to repeal the Albury-Wodonga Development Act 1974; to dissolve the
Albury-Wodonga (New South Wales) Corporation; to provide for the transfer of
assets, contractual rights and obligations, and liabilities of that Corporation to the
Albury-Wodonga Development Corporation; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Albury-Wodonga Development Repeal Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Albury-Wodonga Development Repeal Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
In this Act:
asset has the same meaning as in the Commonwealth Act.
Commonwealth Act means the Albury-Wodonga Development Act
1973 of the Commonwealth.
Commonwealth Minister means the Minister for the time being
administering the Commonwealth Act.
contract has the same meaning as in section 20C of the
Commonwealth Act.
Corporation means the Albury-Wodonga (New South Wales)
Corporation constituted by the Albury-Wodonga Development Act
1974.
Development Corporation means the Albury-Wodonga Development
Corporation established by the Commonwealth Act.
instrument has the same meaning as in section 20C of the
Commonwealth Act.
liability has the same meaning as in the Commonwealth Act.
transfer day, in relation to an asset, right or obligation under a
contract, or liability, of the Corporation, means:
(a) the day on which the Corporation is dissolved, or
(b) the day on which the consent of the Commonwealth Minister
under section 20D (3), 20E (3) or 20F (3) of the
Commonwealth Act is expressed to takes effect in relation to
the transfer to the Development Corporation of the asset, right
or obligation, or liability,
whichever is the earlier.
Page 2
Albury-Wodonga Development Repeal Bill 2000 Clause 4
4 Repeal of Albury-Wodonga Development Act 1974 No 47
The Albury-Wodonga Development Act 1974 is repealed.
5 Dissolution of Corporation
The Corporation is dissolved.
6 Members of Corporation to vacate office
A person who, immediately before the dissolution of the Corporation,
held office as a member of the Corporation:
(a) ceases to hold that office on that dissolution, and
(b) is not entitled to any remuneration or compensation because of
the loss of that office.
7 Transfer of assets of Corporation
(1) On the transfer day, the assets of the Corporation, the transfer of which
has the consent of the Commonwealth Minister under section 20D (3)
of the Commonwealth Act, are transferred to the Development
Corporation.
(2) The assets of the Corporation to which subsection (1) applies vest in
the Development Corporation by virtue of this section and without the
need for any conveyance, assignment or instrument of transfer.
(3) In relation to the transfer of an asset:
(a) an instrument relating to the asset continues to have effect after
the asset vests in the Development Corporation as if a reference
in the instrument to the Corporation were a reference to the
Development Corporation, and
(b) the Development Corporation becomes the successor in law of
the Corporation in relation to an asset immediately after the
asset vests in the Development Corporation, and
(c) if any proceedings to which the Corporation was a party:
(i) were pending in any court or tribunal immediately
before the transfer, and
(ii) related, in whole or in part, to the asset,
the Development Corporation is substituted for the Corporation
as a party to the proceedings to the extent to which the
proceedings relate to the asset.
Page 3
Clause 8 Albury-Wodonga Development Repeal Bill 2000
8 Transfer of contractual rights and obligations of Corporation
(1) On the transfer day, the Corporation's rights and obligations under any
contract to which it is a party, and the transfer of which has the consent
of the Commonwealth Minister under section 20E (3) of the
Commonwealth Act, are transferred to the Development Corporation.
(2) On the transfer day, the Corporation's rights and obligations to which
subsection (1) applies:
(a) cease to be rights and obligations of the Corporation, and
(b) become rights and obligations of the Development Corporation.
(3) In relation to the transfer of rights and obligations under a contract:
(a) the contract continues to have effect, after the Corporation's
rights and obligations under the contract become rights and
obligations of the Development Corporation, as if a reference
in the contract to the Corporation were a reference to the
Development Corporation, and
(b) an instrument relating to the contract continues to have effect,
after the Corporation's rights and obligations under the contract
become rights and obligations of the Development Corporation,
as if a reference in the instrument to the Corporation were a
reference to the Development Corporation, and
(c) the Development Corporation becomes the Corporation's
successor in law, in relation to the Corporation's rights and
obligations under the contract, immediately after the
Corporation's rights and obligations under the contract become
rights and obligations of the Development Corporation, and
(d) if any proceedings to which the Corporation was a party:
(i) were pending in any court or tribunal immediately
before the transfer, and
(ii) related, in whole or in part, to those rights or
obligations,
the Development Corporation is substituted for the Corporation
as a party to the proceedings to the extent to which the
proceedings relate to those rights or obligations.
Page 4
Albury-Wodonga Development Repeal Bill 2000 Clause 9
9 Transfer of liabilities of Corporation
(1) On the transfer day, the liabilities of the Corporation, the transfer of
which has the consent of the Commonwealth Minister under section
20F (3) of the Commonwealth Act, are transferred to the Development
Corporation.
(2) On the transfer day, a liability of the Corporation to which subsection
(1) applies:
(a) ceases to be a liability of the Corporation, and
(b) becomes a liability of the Development Corporation.
(3) In relation to the transfer of a liability:
(a) an instrument relating to the liability continues to have effect
after the liability becomes a liability of the Development
Corporation as if a reference in the instrument to the
Corporation were a reference to the Development Corporation,
and
(b) the Development Corporation becomes the successor in law of
the Corporation in relation to a liability immediately after the
liability becomes a liability of the Development Corporation,
and
(c) if any proceedings to which the Corporation was a party:
(i) were pending in any court or tribunal immediately
before the transfer, and
(ii) related, in whole or in part, to the liability,
the Development Corporation is substituted for the Corporation
as a party to the proceedings to the extent to which the
proceedings relate to the liability.
10 Operation of sections 7, 8 and 9
(1) The operation of sections 7, 8 and 9 is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, contractual
rights and obligations, or liabilities, or
Page 5
Clause 10 Albury-Wodonga Development Repeal Bill 2000
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, contractual right or obligation, or liability.
(2) The operation of section 7, 8 or 9 is not to be regarded as an event of
default under any contract or other instrument.
(3) No attornment to the Development Corporation by a lessee from the
Corporation is required.
11 Assets, contractual rights and obligations, and liabilities not transferred
on the transfer day
Any assets, rights and obligations under any contract, and liabilities, of
the Corporation that are not transferred to the Development
Corporation on or before the dissolution of the Corporation become
assets, rights and obligations, and liabilities, of the Crown.
12 Construction of references to Corporation
(1) On and after the dissolution of the Corporation, a reference to the
Corporation in any other Act, in any instrument made under any other
Act or in any document of any other kind:
(a) in so far as it relates to assets, rights and obligations, or
liabilities, of the Corporation that have been transferred to the
Development Corporation, is to be construed as a reference to
the Development Corporation, and
(b) in so far as it relates to assets, rights and obligations, or
liabilities, of the Corporation that have not been transferred to
the Development Corporation, is to be construed as a reference
to the Crown.
(2) Nothing in this section affects section 7 (3) (a), 8 (3) (a) or (b), or 9 (3)
(a).
13 Approved form of winding-up agreement
(1) The Minister may make a written determination that a specified form
of agreement is the approved form of winding-up agreement for the
purposes of this Act.
(2) The Minister must cause a copy of the determination to be tabled in
each House of Parliament.
Page 6
Albury-Wodonga Development Repeal Bill 2000 Clause 13
(3) Either House of Parliament may, following a motion upon notice, pass
a resolution disallowing the determination. To be effective, the
resolution must be passed within 15 sitting days of the House after the
copy of the determination was tabled in the House.
(4) If neither House passes such a resolution, the determination takes
effect on the day immediately after the last day upon which such a
resolution could have been passed.
14 Minister may sign winding-up agreement on behalf of State
If the written determination under section 13 is not disallowed under
that section by either House of Parliament, the Minister (or another
Minister) may sign an agreement substantially in accordance with the
approved form of winding-up agreement on behalf of the State of New
South Wales.
15 Approval of winding-up agreement
(1) If an agreement substantially in accordance with the approved form of
winding-up agreement is signed by or on behalf of the Commonwealth
and the States of New South Wales and Victoria, the agreement is
approved by Parliament.
(2) The agreement approved by this section is to be known as the Albury-
Wodonga Area Development Winding-up Agreement.
16 Functions and powers of Development Corporation
The Development Corporation has, and may exercise and perform, any
functions, powers or duties:
(a) that the Corporation could have exercised or performed at any
time before its dissolution, and
(b) that are conferred or imposed on it by or under the Albury-
Wodonga Area Development Winding-up Agreement.
17 Amendment of other Acts
An Act specified in Schedule 1 is amended as set out in that Schedule.
18 Regulations
(1) The Governor may make regulations containing provisions of a
savings or transitional nature consequent on the enactment of this Act.
Page 7
Clause 18 Albury-Wodonga Development Repeal Bill 2000
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
(4) A regulation may provide for the interpretation of references to an
officer of the Corporation.
(5) In subsection (4), officer of the Corporation means the chief
executive officer of the Corporation or a person in respect of whom an
arrangement was in force under section 18 of the Albury-Wodonga
Development Act 1974 immediately before its repeal.
Page 8
Albury-Wodonga Development Repeal Bill 2000
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts
(Section 17)
1.1 Environmental Planning and Assessment Act 1979 No 203
Section 94A Section 94 conditions imposed by the Minister or
Director
Omit subsection (8). Insert instead:
(8) In this section, growth centre has the same meaning as in the
Growth Centres (Development Corporations) Act 1974.
1.2 Land Tax Management Act 1956 No 26
Section 10D Taxation of land owned by certain statutory
corporations
Omit subsection (1) (a).
1.3 Public Authorities (Financial Arrangements) Act 1987 No 33
Schedule 1 Authorities
Omit "Albury-Wodonga (New South Wales) Corporation.".
Page 9
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