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This is a Bill, not an Act. For current law, see the Acts databases.
DARWIN WATERFRONT CORPORATION BILL 2006
Serial
55Darwin Waterfront
Corporation Bill 2006Ms
Martin
AN ACT
to
establish the Darwin Waterfront Corporation and for related
purposes
NORTHERN TERRITORY OF
AUSTRALIA
Darwin Waterfront corporation ACT
2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
to establish the Darwin Waterfront
Corporation and for related purposes
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short title
This Act may be cited as the Darwin Waterfront
Corporation Act 2006.
Objects of Act
The Darwin Waterfront Corporation is created by this Act for
the achievement of the following objects:
to develop, manage and service the Precinct for the
benefit of the community;
to promote the Precinct as a place of residence and
business and a venue for public events and entertainment.
Definitions
In this Act:
"by-laws" means by-laws made under section
;
"CEO", see section (1);
"chairperson" means the person holding or occupying the
office of chairperson of the Corporation mentioned in section
(3);
"committee" means a committee established under section
;
"Corporation" means the Darwin Waterfront Corporation
established by section (1);
"meeting" means a meeting of the Corporation held under
section ;
"member" means a member of the Corporation mentioned in
section ;
"municipal council", see section 3 of the Local
Government Act;
"municipal services", see section ;
"Precinct" means the Darwin Waterfront Precinct specified
under
section ;
"promotional activities", see section
(1)(c);
"regulation" means a regulation made under this
Act;
"staff member", see section (1).
Darwin Waterfront Precinct
The regulations may specify the areas forming the Darwin
Waterfront Precinct.
Darwin Waterfront corporation
Establishment
The Darwin Waterfront Corporation is
established.
The Corporation:
is a body corporate with perpetual succession;
and
has a common seal; and
is capable, in its corporate name, of acquiring, holding
and disposing of real and personal property and of suing and being
sued.
All courts, judges and persons acting judicially
must:
take judicial notice of the common seal affixed to a
document; and
presume the seal was duly affixed.
Composition of Corporation
The Corporation is constituted by at least 3 but not more
than
7 members appointed by the
Minister.
A member holds office for the period (not exceeding 3
years) specified in the appointment.
The Minister must appoint a member (other than the CEO) to
be the chairperson of the Corporation.
Corporation not within shield of Crown
The Corporation:
does not represent the Territory; and
does not enjoy any privileges, rights or immunities of the
Crown in right of the Territory; and
is not within the shield of the Crown in right of the
Territory.
Transfer of property
The Territory may transfer the ownership or control of any
of its property (whether situated in the Precinct or not) to the
Corporation.
The Corporation may transfer the ownership or control of
any of its property to the Territory.
Chief executive officer
The Minister must appoint a person recommended by the
Corporation to be its chief executive officer (the "CEO").
The CEO holds office for the period and on terms and
conditions as decided by the Minister.
The CEO may be a public sector employee.
The CEO must, under the Corporation's directions, exercise
the Corporation's powers and perform the Corporation's
functions.
The CEO is a member for section .
Termination of appointment of member
The Minister may terminate a member's appointment on the
grounds of inability, inefficiency, misbehaviour or physical or mental
incapacity.
The Minister must terminate a member's appointment if the
member:
becomes bankrupt, applies to take the benefit of a law for
the relief of bankrupt or insolvent debtors, compounds with creditors or makes
an assignment of the member's remuneration for their benefit;
or
is convicted in Australia of an offence punishable by
imprisonment for 12 months or longer; or
is absent, except on leave granted by the
Minister,
from 3 consecutive meetings of the
Corporation; or
fails to comply with section .
Committee
(1) The Corporation may establish a committee for one or
more of its powers or functions.
(2) Each committee consists of 2 or more members and any
other persons appointed by the Corporation.
Functions and powers of
Corporation
Functions of Corporation
The functions of the Corporation are:
to do anything for the development of land in the Precinct
that is owned or controlled by the Corporation; and
to manage property (including land and marine
infrastructure) in the Precinct that is owned or controlled by the Corporation;
and
to do anything ("promotional activities") for the
promotion of the Precinct as a place of residence and business and a venue for
public events and entertainment; and
to do anything for construction to be carried out in the
Precinct; and
to preserve good order in the Precinct;
and
to do anything for the provision of municipal services in
the Precinct; and
to do anything for the development and maintenance of
other civic amenities and facilities in the Precinct (including the staging of
public events and entertainment in the Precinct); and
on the Minister's request, to advise the Minister about
the Precinct; and
to develop and manage land not forming part of the
Precinct as directed by the Minister and in accordance with the regulations;
and
to perform other functions specified by
regulation.
Without limiting subsection (1), the Corporation
may:
as the owner or controller of land, give instructions to
any Agency or other body that is engaged in the development of, or construction
works on, the land; and
consult with anyone in relation to the performance of any
of its functions.
The Corporation must perform its functions having regard
to the objects of this Act.
Municipal services
The Corporation must ensure services and amenities
relating to the following are provided for the Precinct:
sanitation, garbage collection and street
cleaning;
roads, footpaths, parking and traffic
control;
public places (including parks and public
toilets);
storm drainage;
street lighting;
any other matters specified by
regulation.
The Corporation may also arrange for the provision of
other services and amenities for the Precinct as are specified by
regulation.
Services and amenities provided under this section are
municipal services.
General powers of Corporation
The Corporation may do anything necessary or convenient
for the performance of its functions.
Without limiting subsection (1), the Corporation
may:
with the Treasurer's approval:
borrow, lend, raise or invest money under section ;
and
form or participate in the formation of an incorporated
body or partnership; and
grant guarantees or indemnities for, or otherwise assume
responsibility for, the obligations of a person; and
engage persons to assist the Corporation;
and
consult with and enter into arrangements with other
persons or bodies (including Agencies); and
grant registrations and issue permits and
licences.
Rates for municipal services
The Corporation may impose rates on land in the Precinct
for the funding of municipal services.
However, before the end of 2020, the Corporation may only
impose the rates specified in subsection (3) and may only do so as provided in
subsections (4) and (5).
For subsection (2), the following rates are
specified:
rates payable by all owners of land (including owners of
unit titles);
rates payable by all owners of land (other than owners of
unit titles).
The rates mentioned in subsection (3)(a) must be of the
same rate and based on the same method of calculation for rates imposed on land
in the central business district of the municipality of Darwin.
The imposition of the rates mentioned in subsection (3)(b)
for a year must be on the basis that the total amount raised from those rates
for that year will not exceed 20% of the total amount raised from the rates
imposed under subsection (3)(a) for that year.
The by-laws may make provision about the
rates.
Levy for promotional activities
The Corporation may impose a levy for the funding of
promotional activities.
The levy may only be imposed on a person prescribed by
regulation.
The by-laws may make provision about the
levy.
Fees for services
The Corporation may charge fees for services provided by
or for the Corporation (whether the services are municipal services or
not).
The by-laws may make provision about the
fees.
Corporation exempt from certain taxes and
charges
The Corporation, as the owner or controller of land in the
Precinct:
is not liable for any rates, levy or fees arising from
section , or ; and
is exempt from other requirements (for example, licensing
or registration requirements) imposed by the by-laws.
In addition, the Corporation is not liable for any stamp
duty imposed under the Stamp Duty Act in relation to the
land.
By-laws
The Corporation may make by-laws, not inconsistent with
this Act or any other law of the Territory, for any of the following
matters:
any matter relating to its common seal, meetings or
procedures;
promotional activities;
controlling the Precinct (including the use of the land
and water within the Precinct) and access to any part of it;
care and maintenance of all or any part of the
Precinct;
preserving good order in the Precinct;
regulating conduct (including omissions) occurring in the
Precinct;
prescribing a fine not exceeding 200 penalty units for an
offence against the by-laws;
providing for an offence against the by-laws to be a
regulatory offence;
providing for:
the payment of a prescribed amount instead of a penalty
that may otherwise be imposed for an offence against
the
by-laws; and
the service of a notice relating to payment of the amount
on a person alleged to have committed the offence; and
the particulars to be included in the
notice;
any other matter for the exercise of any of its powers or
the performance of any if its functions under this Act;
any other matter required or permitted by a law of the
Territory.
The by-laws may apply, adopt or incorporate (with or
without changes) the whole or part of an Act or other instrument (including the
by-laws of a municipal council) as in force or existing at a particular time or
from time to time.
Direction by Minister
The Minister may give directions to the Corporation for
the exercise of any of its powers or the performance of any of its
functions.
The Corporation must comply with the
direction.
Minister's approval required for acquisition or disposal of
real property
The Corporation must not, without the Minister's approval,
acquire or dispose of any real property or interest in real
property.
Effect of non-compliance
The validity of an act of the Corporation is not affected
by a failure of the Corporation to:
obtain an approval of the Treasurer as required by section
(2)(a); or
comply with a direction of the Minister given under
section ; or
obtain an approval of the Minister as required by section
.
Without limiting subsection (1), the validity of a
contract for a matter mentioned in section (2)(a) is not affected by a failure
of the Corporation to obtain an approval of the Treasurer for that
contract.
Staff members
The Corporation may be assisted by each of the
following
(a "staff member") in exercising its powers
or performing its functions:
a person who:
is a public sector employee; and
is made available to the Corporation with the agreement of
the Commissioner for Public Employment;
a person employed or engaged by the
Corporation.
A person employed by the Corporation as mentioned in
subsection (1)(b):
must be employed on terms and conditions as decided by the
Corporation; and
may be a public sector employee.
Staff member may enter land for certain
purposes
A staff member may enter any land or building within the
Precinct as required or permitted under this Act for an inspection or the
carrying out of works.
The staff member may only do so:
during reasonable hours; and
except with the consent of the occupant of the land or
building – at least 24 hours after written notice for the entry has been
given by the CEO to the occupant.
Corporation may compound
The Corporation may compound with any of the following
persons for an amount of money or other consideration as the Corporation
considers appropriate:
(a) a person who has entered into a contract with the
Corporation;
(b) a person who has commenced or intends to commence
proceedings against the Corporation;
(c) a person against whom the Corporation has commenced or
intends to commence proceedings.
Money of Corporation
The money of the Corporation consists of:
amounts appropriated for the Corporation;
and
dividends on shares owned by the Corporation;
and
interest on investments held by the Corporation;
and
proceeds from the disposal of the Corporation's property;
and
amounts imposed or charged under section , or that are
received by the Corporation; and
any other amounts that become available for use by the
Corporation under a law of the Territory.
Application of money
The money of the Corporation must be applied only for the
exercise of its powers or performance of its functions.
An amount of rates mentioned in section that is received
by the Corporation may only be used for the provision of municipal
services.
An amount of levy mentioned in section that is received
by the Corporation may only be used for the funding of promotional
activities.
An amount of fees mentioned in section that is received
by the Corporation may only be used for the provision of the service relating to
the fees.
Account keeping
The Corporation must ensure:
proper accounts and records of the
Corporation's transactions and
financial affairs are kept; and
there are adequate controls over the incurring of the
Corporation's liabilities; and
all payments out of the Corporation's money are correctly
made and properly authorised; and
adequate control is maintained over:
the Corporation's property; and
property in the Corporation's custody, control or
management.
The Treasurer may request the Corporation to give the
Treasurer any information the Treasurer reasonably requires to accurately assess
the Corporation's financial position and financial affairs.
The Corporation must comply with the
request.
Treasurer's approval required for certain
contracts
The Corporation must not enter into a contract for any of
the following without the Treasurer's approval:
borrowing of money by the Corporation;
lending of money by the Corporation;
raising of money, otherwise than by borrowing, by the
Corporation in a manner that is not specified for subsection
(2);
investing the Corporation's money, otherwise than by
lending, in a class of investment that is not specified for subsection
(2).
The Treasurer may in writing specify:
a manner of raising money for which the Treasurer's
approval is not required; and
a class of investment for which the Treasurer's approval
is not required.
Annual report
For each financial year, the Corporation must prepare an
annual report on its operation during that year.
The report must include:
the record of each Ministerial direction given under
section (1) during that year; and
financial statements relating to the Corporation's
operation for that year that are prepared because of section ;
and
the Auditor-General's report on the financial statements
given to the Corporation under section .
The Corporation must give the annual report to the
Minister within:
one month after receiving the Auditor-General's report;
or
another period specified by the Minister.
The Minister must table in the Legislative Assembly a copy
of the annual report within 6 sitting days after receiving it.
Application of Corporations Act
The accounting and reporting obligations imposed on a
public company under the Corporations Act 2001 apply to the Corporation as
if:
(a) the Corporation were a public company;
and
(b) the Territory were the shareholders of the
company.
To avoid doubt, the obligations mentioned in subsection
(1) include obligations to prepare financial statements and the application of
the relevant standards for those obligations.
Auditor to be given financial statements
The Corporation must give the Auditor-General the
financial statements prepared because of section for a financial year
within:
2 months after the end of that year; or
another period specified by the Minister.
The Auditor-General must:
audit the financial statements; and
report to the Corporation on the financial
statements.
The Auditor-General must do so within:
2 months after receiving the financial statements;
or
another period specified by the
Administrator.
Meetings
The chairperson must convene as many meetings as are
necessary to perform its functions.
The Minister may direct the chairperson to convene a
meeting to deal with a matter specified by the Minister.
The chairperson must comply with the
direction.
The quorum for a meeting of the Corporation is a majority
of its members.
Questions arising at a meeting are determined by a
majority of votes.
A member nominated by the chairperson must preside at a
meeting in which the chairperson is absent.
At a meeting, the presiding member:
has a deliberative vote; and
in the event of an equality of votes, also has the casting
vote.
The procedures for meetings must be determined by the
Corporation.
Disclosure of interests
If a member has a direct or indirect interest in a matter
being considered, or about to be considered, by the Corporation, the member must
disclose the nature of the interest in a meeting as soon as practicable after
the relevant facts come to the member's knowledge.
The disclosure must be recorded in the Corporation's
minutes.
Subject to a resolution of the Corporation to the
contrary, the member:
must not, while the member has the interest, take part in
any deliberation or decision of the Corporation relating to the matter;
and
must be disregarded for constituting the quorum of the
Corporation for any deliberation or decision of the Corporation relating to the
matter.
The Corporation must maintain a register of the interests
of the members.
Other administrative matters
Delegation
The Corporation may delegate any of its powers or functions
to one or more of the following:
a member;
a staff member;
a committee.
Protection from liability
This section applies to a person who is or has been a
member.
The person is not civilly or criminally liable for an act
done or omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported performance of a
function, under this Act.
In addition, the person is not civilly or criminally
liable for an act done or omitted to be done by the Corporation in the exercise
or purported exercise of a power, or the performance or purported performance of
a function, under this Act.
Subsections (2) and (3) do not affect any liability the
Territory or the Corporation would, apart from those subsections, have for the
act or omission.
Review of Corporation's operation
Review
The Corporation must conduct a review of its operation and
the operation of this Act within 12 months after an occupancy permit has been
issued under the Building Act for a residential dwelling in the Precinct
for the first time.
The Corporation must prepare a report of the review,
incorporating any recommendations on the following:
the management of the Precinct;
the representation of individuals and groups in the
membership of the Corporation;
the devolution of the Corporation's powers and functions
to another body;
any other matter for which the Minister has requested a
recommendation;
any other matter the Corporation considers
appropriate.
Regulations
The Administrator may make regulations under this
Act.
The regulations may:
prescribe a fine not exceeding 200 penalty units for an
offence against the regulations; and
provide for an offence against this Act to be a regulatory
offence; and
apply, adopt or incorporate (with or without changes) the
whole or part of a document as in force or existing at a particular time or from
time to time.
____________________________
__________________
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