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PARLIAMENT OF VICTORIA
Albury-Wodonga Agreement (Repeal) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Interpretation 2
4. Repeal of Albury-Wodonga Agreement Act 1973 and
Wodonga Area Land Acquisition Act 1973 4
5. Dissolution of Corporation 4
6. Members of Corporation to vacate office 4
7. Transfer of assets of Corporation 4
8. Transfer of contractual rights and obligations of Corporation 5
9. Transfer of liabilities of Corporation 7
10. Operation of sections 7, 8 and 9 8
11. Assets, contractual rights and obligations, and liabilities not
transferred on the transfer day 9
12. Construction of references to Corporation 9
13. Approved form of winding-up agreement 9
14. Minister may sign winding-up agreement on behalf of State 10
15. Approval of winding-up agreement 10
16. Functions, powers and duties of Development Corporation 10
17. Development covenants 11
18. Evidentiary certificate 12
19. Action by Registrar of Titles 12
20. Regulations 13
ENDNOTES 14
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 May 2002
A BILL
to repeal the Albury-Wodonga Agreement Act 1973 and the
Wodonga Area Land Acquisition Act 1973, to dissolve the Albury-
Wodonga (Victoria) 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.
Albury-Wodonga Agreement (Repeal)
Act 2002
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to repeal the Albury-Wodonga Agreement
Act 1973 and the Wodonga Area Land
5 Acquisition Act 1973; and
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Albury-Wodonga Agreement (Repeal) Act 2002
s. 2
Act No.
(b) to dissolve the Albury-Wodonga (Victoria)
Corporation established under the Albury-
Wodonga Agreement Act 1973; and
(c) to provide for the transfer of the assets,
5 contractual rights and obligations, and
liabilities of that Corporation to the Albury-
Wodonga Development Corporation
established under the Albury-Wodonga
Development Act 1973 of the
10 Commonwealth; and
(d) to provide for the winding-up agreement
between Victoria and New South Wales and
the Commonwealth for those purposes.
2. Commencement
15 This Act comes into operation on a day or days to
be proclaimed.
3. Interpretation
(1) In this Act--
"asset" has the same meaning as in the
20 Commonwealth Act;
"Commonwealth Act" means the Albury-
Wodonga Development Act 1973 of the
Commonwealth;
"Commonwealth Minister" means the Minister
25 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
30 (Victoria) Corporation established under
section 7 of the Albury-Wodonga
Agreement Act 1973;
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Albury-Wodonga Agreement (Repeal) Act 2002
s. 3
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"Development Corporation" means the Albury-
Wodonga Development Corporation
established by the Commonwealth Act;
"development covenant" means a covenant
5 entered into under section 15A(2) of the
Albury-Wodonga Agreement Act 1973;
"instrument" has the same meaning as in
section 20C of the Commonwealth Act;
"liability" has the same meaning as in the
10 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
15 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
20 take effect in relation to the transfer to
the Development Corporation of the
asset, right or obligation, or liability--
whichever is the earlier.
(2) In this Act, a reference to an asset of the
25 Corporation includes a reference to any property
held by the Corporation on behalf of the Crown in
right of the State of Victoria.
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Albury-Wodonga Agreement (Repeal) Act 2002
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4. Repeal of Albury-Wodonga Agreement Act 1973 and
Wodonga Area Land Acquisition Act 1973
See:
(1) The Albury-Wodonga Agreement Act 1973 is Act No.
repealed. 8520/1973.
Reprint No. 2
as at
8 May 1997
and
amending
Act Nos
46/1998 and
85/1998.
LawToday:
www.dms.
dpc.vic.
gov.au
5 See:
(2) The Wodonga Area Land Acquisition Act 1973 Act No.
is repealed. 8518/1973.
Reprint No. 1
as at
5 February
1998.
LawToday:
www.dms.
dpc.vic.
gov.au
5. Dissolution of Corporation
The Corporation is dissolved.
6. Members of Corporation to vacate office
10 A person who, immediately before the dissolution
of the Corporation, held office as a member of the
Corporation ceases to hold that office on that
dissolution.
7. Transfer of assets of Corporation
15 (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.
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Albury-Wodonga Agreement (Repeal) Act 2002
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(2) The assets of the Corporation to which sub-section
(1) applies vest in the Development Corporation
by virtue of this section and without the need for
any conveyance, assignment or instrument of
5 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
10 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
15 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--
20 (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
25 for the Corporation as a party to the
proceedings to the extent to which the
proceedings relate to the asset.
Note: This section does not apply in respect of development
covenants--see section 17.
30 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
35 the Commonwealth Minister under section 20E(3)
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of the Commonwealth Act, are transferred to the
Development Corporation.
(2) On the transfer day, the Corporation's rights and
obligations to which sub-section (1) applies--
5 (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
10 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,
15 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
20 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
25 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
30 Corporation's rights and obligations under
the contract become rights and obligations of
the Development Corporation; and
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(d) if any proceedings to which the Corporation
was a party--
(i) were pending in any court or tribunal
immediately before the transfer; and
5 (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
10 proceedings relate to those rights or
obligations.
Note: This section does not apply in respect of development
covenants--see section 17.
9. Transfer of liabilities of Corporation
15 (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.
20 (2) On the transfer day, a liability of the Corporation
to which sub-section (1) applies--
(a) ceases to be a liability of the Corporation;
and
(b) becomes a liability of the Development
25 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
30 Corporation as if a reference in the
instrument to the Corporation were a
reference to the Development Corporation;
and
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(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
5 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
10 (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
15 proceedings relate to the liability.
Note: This section does not apply in respect of development
covenants--see section 17.
10. Operation of sections 7, 8 and 9
(1) The operation of sections 7, 8 and 9 is not to be
20 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
25 assignment or transfer of assets, contractual
rights and obligations, or liabilities; or
(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
30 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
35 or other instrument.
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(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
5 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
10 liabilities, of the Crown.
Note: This section does not apply in respect of development
covenants--see section 17.
12. Construction of references to Corporation
(1) On and after the dissolution of the Corporation, a
15 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
20 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
25 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 the operation of
30 section 7(3)(a), 8(3)(a) or (b), 9(3)(a) or 17.
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
35 purposes of this Act.
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(2) The Minister must cause a copy of the
determination to be tabled in each House of
Parliament.
(3) Either House of Parliament may, following a
5 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.
10 (4) If neither House passes such a resolution, the
determination takes effect on the day immediately
after the last day on which such a resolution could
have been passed.
14. Minister may sign winding-up agreement on behalf of
15 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
20 accordance with the approved form of winding-up
agreement on behalf of the State of Victoria.
15. Approval of winding-up agreement
(1) If an agreement substantially in accordance with
the approved form of winding-up agreement is
25 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
30 Development Winding-up Agreement.
16. Functions, powers and duties of Development
Corporation
(1) The Development Corporation has all the duties of
the Corporation under section 8(4) and sections
35 15(5) and 15(12) of the Albury-Wodonga
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Agreement Act 1973 as in force immediately
before its repeal, including (but not limited to) the
duty of the Corporation to comply with each of
the following Acts--
5 (a) Building Act 1993;
(b) Environment Protection Act 1970;
(c) Flora and Fauna Guarantee Act 1988;
(d) Planning and Environment Act 1987;
(e) Subdivision Act 1988.
10 (2) In addition to sub-section (1), the Development
Corporation has, and may exercise and perform,
any functions or powers--
(a) that the Corporation could have exercised or
performed at any time before its dissolution;
15 and
(b) that are conferred on it by or under the
Albury-Wodonga Area Development
Winding-up Agreement.
17. Development covenants
20 (1) Nothing in section 7, 8, 9, 11 or 12 applies in
respect of a development covenant.
(2) On and from the commencement of this section,
the Wodonga Rural City Council has and may
exercise all of the powers to enforce, vary or
25 release a development covenant that the
Corporation had immediately before that
commencement.
(3) On and from the commencement of this section
any reference to the Corporation in any
30 development covenant is to be construed as a
reference to the Wodonga Rural City Council.
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(4) For the purposes of this section, and despite the
repeal of the Albury-Wodonga Agreement Act
1973, sub-sections (3), (4), (5) and (6) of
section 15A of that Act continue to apply in
5 respect of a development covenant as if any
reference in those provisions to the Corporation
were a reference to the Wodonga Rural City
Council.
18. Evidentiary certificate
10 (1) This section applies if the right, title and interest
in any land vests in the Development Corporation
under this Act.
(2) An authorised person may issue a certificate--
(a) that is signed by the authorised person; and
15 (b) that identifies the land, whether by reference
to a map or otherwise; and
(c) that states that the right, title and interest in
that land has become vested in the
Development Corporation.
20 (3) A certificate under this section is evidence that the
right, title and interest in the land described in the
certificate has become vested in the Development
Corporation.
(4) In this section "authorised person" means--
25 (a) the Minister; or
(b) a person authorised by the Minister, in
writing, for the purposes of this section.
19. Action by Registrar of Titles
On being requested to do so and on delivery
30 (where required by the Registrar) of a certificate
under section 18 and any relevant instrument or
document, the Registrar of Titles must (without
payment of fee) make any recordings in the
Register under the Transfer of Land Act 1958
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that are necessary because of the operation of any
provision (other than section 17) of this Act.
20. Regulations
(1) The Governor in Council may make regulations
5 containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A regulation under this section may take effect
from the date on which this Act receives Royal
Assent or a later date.
10 (3) To the extent to which a regulation takes effect
from a date that is earlier than the date that it is
made, the regulation does not operate so as--
(a) to affect, in a manner prejudicial to any
person (other than the State or an authority
15 of the State), the rights of that person
existing before the date on which the
regulation is made; or
(b) to impose liabilities on any person (other
than the State or an authority of the State) in
20 respect of anything done or omitted to be
done before the date on which the regulation
is made.
(4) A regulation may provide for the interpretation of
references to the chief executive officer of the
25 Corporation.
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Albury-Wodonga Agreement (Repeal) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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