New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 45)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(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.
(1) In this Part:
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
"transferor" means the body or person from whom any assets, rights or liabilities are transferred under this Division.
(2) In this Part, a reference to the "State" includes an authority of the State.
(1) The Minister may direct, by order in writing, that any of the assets, rights and liabilities of the State that relate to Aboriginal housing be transferred to the Aboriginal Housing Office.
(2) The assets, rights and liabilities of the State that relate to Aboriginal housing are those that the Minister considers relate to housing services provided to Aboriginal people or Torres Strait Islanders (such as housing services provided to Aboriginal people by the Land and Housing Corporation or the Department of Housing).
(3) If those assets, rights and liabilities are under the control of a government agency for which the Minister is not responsible, an order may only be made under this clause in respect of those assets, rights and liabilities with the consent of the responsible Minister concerned.
(4) Such an order may be made on such terms and conditions as are specified or referred to in the order.
(1) Without limiting clause 3, an order may transfer to the Aboriginal Housing Office the assets, rights and liabilities of the State in connection with an existing housing agreement identified in the order.
(2) An "existing housing agreement" is an agreement that was entered into by or on behalf of the State (including by a Minister of the Crown, the Department of Urban Affairs and Planning or the Land and Housing Corporation) before the commencement of this clause that the Minister considers relates to a program or policy for which the Aboriginal Housing Office has assumed or will assume responsibility on or after the commencement of this clause.
(3) The Minister may, by notice in writing, confirm that an agreement is an existing housing agreement for the purposes of this clause.
(4) Such a notice is conclusive evidence of that fact.
(1) If any asset, right or liability is transferred in accordance with this Part, the following provisions have effect:(a) the asset vests in the Aboriginal Housing Office by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the right or liability becomes by virtue of this clause the right or liability of the Aboriginal Housing Office,(c) all proceedings relating to the asset, right or liability commenced before the transfer by or against the transferor pending immediately before the transfer are taken to be proceedings pending by or against the Aboriginal Housing Office,(d) any act, matter or thing done or omitted to be done in relation to the asset, right or liability before the transfer by, to or in respect of the transferor is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Aboriginal Housing Office,(e) a reference in any other Act, in any instrument made under any Act or in any document of any kind to the transferor is (to the extent that it relates to the asset, right or liability but subject to any regulations under this Schedule) to be read as, or as including, a reference to the Aboriginal Housing Office.
(2) The operation of this Part 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, rights or liabilities, or(c) as giving rise to any remedy by a party to a contract or instrument, or as causing or permitting the termination of any contract or instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or instrument.
(3) No attornment to the Aboriginal Housing Office by a lessee from the transferor is required.
(4) A transfer is subject to the terms and conditions specified in the order that gives effect to the transfer.
A transfer under this Part takes effect on the date specified in the order that gives effect to the transfer.
Duty is not chargeable in respect of:
(a) a transfer under this Part, or
(b) anything certified by the Minister as having been done as a consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(1) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
(1) The Aboriginal Housing Office may enter into agreements with a registered Aboriginal housing organisation in relation to funding, housing and other assistance provided to the organisation by or on behalf of the State or ATSIC to the registered Aboriginal housing organisation before the commencement of section 10.
(2) Such an agreement, despite section 10 (1), is taken to be an AHO housing agreement even if it relates solely to assistance provided otherwise than under this Act.
(3) For avoidance of doubt, section 18 (d) extends to land acquired by a registered Aboriginal housing organisation before the commencement of section 18.
(1) If an order under this Part transfers the assets, rights and liabilities of the State in connection with an existing housing agreement (as referred to in clause 4) to the Aboriginal Housing Office, and a person or body who is a party to that agreement is or becomes a registered Aboriginal housing organisation under this Act, the agreement is taken, unless the AHO otherwise directs, to be an AHO housing agreement under this Act.
(2) The AHO is taken, for the purposes of section 18, to have an interest in land of the registered Aboriginal housing organisation, even if the land was acquired by the organisation before the commencement of this clause, if in connection with the existing housing agreement:(a) the land was transferred to the registered Aboriginal housing organisation by or on behalf of the State, or(b) the land was acquired by the registered Aboriginal housing organisation with funding provided by or on behalf of the State, or(c) housing was constructed on the land, or other improvements were made to it, by or on behalf of the State.
(3) Section 21 applies in relation to that land.
(4) Despite subclause (3), section 21 (1) is taken not to apply to any transfer or other dealing in relation to that land that is lodged with the Registrar-General before the Registrar-General makes a recording in respect of the land on the application of the AHO (as provided for by section 21 (2)). Accordingly, section 21 (4) does not prevent the registration of such a transfer or dealing.
(5) This clause does not prevent an existing housing agreement being varied or replaced by further agreement between the AHO and the registered Aboriginal housing organisation concerned.
(1) If an order under this Part transfers the assets, rights and liabilities of the State in connection with an existing housing agreement (as referred to in clause 4) to the Aboriginal Housing Office, and the agreement contains a provision that gives, or purports to give, a person or body that represents the State a right (however expressed) to lodge a caveat on the title of land identified in the agreement that is owned or acquired by a person or body that is a party to the agreement, then the AHO is taken, for the purposes of section 18, to have an interest in that land.
(2) Section 21 applies in relation to that land as if the party to the agreement that owns or acquires that land were a registered Aboriginal housing organisation.
(3) Despite subclause (2), section 21 (1) is taken not to apply to any transfer or other dealing in relation to that land that is lodged with the Registrar-General before the Registrar-General makes a recording in respect of the land on the application of the AHO (as provided for by section 21 (2)). Accordingly, section 21 (4) does not prevent the registration of such a transfer or dealing.
Section 21 (1) does not apply in respect of any transfer or other dealing lodged with the Registrar-General before the commencement of section 21 and section 21 (4) does not prevent the registration of such a transfer or other dealing.