New South Wales Consolidated Acts

LOCAL GOVERNMENT (CITY OF SYDNEY BOUNDARIES) ACT 1967 - SECT 21

21 Recommendations of Finance Joint Committee to be embodied in proclamations

(1) Recommendations made by the Finance Joint Committee pursuant to section twenty of this Act shall be embodied in a proclamation or proclamations which may be made at any time either before or after the appointed day.

(2) A proclamation made under subsection one of this section shall take effect:

(a) where it is made on or before the appointed day-on that day, and

(b) where it is made after the appointed day-on the day on which it is made,

or on a later day specified in the proclamation.

(3) A proclamation made under subsection one of this section shall:

(a) where it is expressed to transfer any asset or right or any debt or liability wholly or partly to a transferee council or to transfer any books, documents, records or papers to a transferee council, operate to vest in that council that asset or right, or that debt or liability, to the extent therein expressed or to vest in that council those books, documents, records or papers,

(b) where it specifies an amount determined to be paid to a transferee council by reason of an apportionment referred to in paragraph (b) of subsection one of section twenty of this Act, operate to create a debt of that amount payable by the Council of the City of Sydney to that transferee council, or

(c) where it specifies an amount to be paid to or by a transferee council by reason of a determination made under subsection two of section twenty of this Act, operate to create a debt of that amount payable by or to the transferee council to or by the Council of the City of Sydney, as the case may be.

(4) Without limiting the generality of subsection three of this section, the following provisions shall, by virtue of this Act, apply in respect of any asset, right, debt or liability vested by a proclamation made under that subsection in a transferee council:

(a) moneys, or liquidated and unliquidated claims which were payable to or recoverable by the Council of the City of Sydney shall be moneys, liquidated or unliquidated claims payable to or recoverable by the transferee council,

(b) all suits, actions and proceedings pending immediately before the vesting shall be suits, actions and proceedings pending at the suit of the transferee council,

(c) all contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Council of the City of Sydney and in force immediately before the vesting shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the transferee council,

(d) the transferee council may pursue the same remedies for the recovery of any moneys and claims and for the prosecution of any such suits, actions an proceedings as the Council of the City of Sydney might have done immediately before the day of such vesting,

(e) the transferee council may enforce and realise any security or charge existing immediately before the day of the vesting in favour of the Council of the City of Sydney in respect of any such moneys and claims as if the security or charge were existing in favour of the transferee council,

(f) all debts due and moneys payable by the Council of the City of Sydney and all claims liquidated or unliquidated recoverable against that Council immediately before such vesting shall be debts due and moneys payable by and claims recoverable against the transferee council,

(g) a reference to the Council of the City of Sydney in any instrument shall from the day of such vesting be read and construed as a reference to the transferee council, and

(h) no attornment by a lessee of any land vested in a transferee council by virtue of a proclamation made under this section shall be necessary.