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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Project Development and Construction
Management (Further Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE PROJECT DEVELOPMENT
AND CONSTRUCTION MANAGEMENT ACT 1994 3
3. Definition repealed 3
4. New section 8A inserted 3
8A. Orders may be amended or revoked 3
5. Tabling of orders 4
6. Part 5A repealed 4
7. New Part 9 inserted 4
PART 9--TRANSITIONAL AND SAVING PROVISIONS 4
76. Confirmation of nomination order 4
77. Confirmation of direction 4
78. Body corporate is dissolved 5
PART 3--AMENDMENTS TO THE COMMONWEALTH
GAMES ARRANGEMENTS ACT 2001 6
8. Definition substituted 6
9. Secretary is a body corporate 6
25A. The Secretary is a body corporate 6
10. Role of Secretary 7
11. Contracts and agreements 7
12. Delegation by Secretary 8
13. New sections 28A and 28B inserted 8
28A. Secretary is subject to Ministerial Control 8
28B. Department Head's powers are not affected 8
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Clause Page
14. Transitional Provision 8
57A. Transitional provision 8
15. Statute law revision 9
ENDNOTES 10
ii
541320B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 30 October 2002
A BILL
to amend the Project Development and Construction Management
Act 1994 and the Commonwealth Games Arrangements Act 2001
and for other purposes.
Project Development and Construction
Management (Further Amendment) Act
2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Project Development and
5 Construction Management Act 1994--
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 1--preliminary
s. 2
(i) to make express provision for the
amendment and revocation of
nomination and application orders; and
(ii) to abolish the Secretary to the
5 Department of Innovation, Industry and
Regional Development as a body
corporate; and
(iii) to confirm the transfer of certain
nominated projects; and
10 (b) to amend the Commonwealth Games
Arrangements Act 2001 to constitute the
Secretary to the Department of Tourism,
Sport and the Commonwealth Games as a
body corporate.
15 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 2--amendments to the project development and construction
s. 3
management act 1994
PART 2--AMENDMENTS TO THE PROJECT
DEVELOPMENT AND CONSTRUCTION MANAGEMENT
ACT 1994
3. Definition repealed
5 In section 3(1) of the Project Development and
Construction Management Act 1994, the
definition of "Secretary to the Department of State
and Regional Development" is repealed.
4. New section 8A inserted
10 See:
After section 8 of the Project Development and Act No.
Construction Management Act 1994 insert-- 101/1994.
Reprint No. 3
"8A. Orders may be amended or revoked as at
1 January
(1) The Governor in Council, on the 2001 and
amending
recommendation of the Premier, may, by Act No.
15 order published in the Government 57/2001.
LawToday:
Gazette-- www.dms.
dpc.vic.
(a) amend a nomination order or an gov.au
application order; or
(b) revoke a nomination order or an
20 application order.
(2) An order under sub-section (1) amending a
nomination order may substitute a
facilitating agency specified in the
nomination order.
25 (3) An order under sub-section (1) may provide
for any matter necessary or convenient to
give effect to the order including, but not
limited to, the transfer, apportionment,
settlement or determination of any property,
30 income, assets, rights, liabilities or other
matters.".
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 2--amendments to the project development and construction
s. 5
management act 1994
5. Tabling of orders
In section 9 of the Project Development and
Construction Management Act 1994--
(a) in paragraph (b) for "order--" substitute
5 "order; and";
(b) after paragraph (b) insert--
"(c) a copy of each order made under
section 8A--".
6. Part 5A repealed
10 Part 5A of the Project Development and
Construction Management Act 1994 is
repealed.
7. New Part 9 inserted
After Part 8 of the Project Development and
15 Construction Management Act 1994 insert--
'PART 9--TRANSITIONAL AND SAVING
PROVISIONS
76. Confirmation of nomination order
For the removal of doubt, the order entitled
20 Amendment of Nomination Orders made by
the Governor in Council on 5 March 2002
and published in the Government Gazette on
27 March 2002 is deemed to be and always
to have been valid and effective in
25 accordance with its terms.
77. Confirmation of direction
For the removal of doubt, the direction given
by the Minister for Major Projects to the
Secretary to the Department of State and
30 Regional Development under section 41D
and dated 28 February 2002 is deemed to be
and always to have been valid and effective
in accordance with its terms.
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 2--amendments to the project development and construction
s. 7
management act 1994
78. Body corporate is dissolved
On the repeal of Part 5A by the Project
Development and Construction
Management (Further Amendment) Act
5 2002 the body corporate known as
"Secretary to the Department of Innovation,
Industry and Regional Development" is
dissolved.'.
__________________
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 3--amendments to the commonwealth games arrangements act 2001
s. 8
PART 3--AMENDMENTS TO THE COMMONWEALTH
GAMES ARRANGEMENTS ACT 2001
8. Definition substituted
See: In section 3(1) of the Commonwealth Games
Act No.
5 Arrangements Act 2001 for the definition of
57/2001.
LawToday: "Secretary" substitute--
www.dms.
dpc.vic.
' "Secretary" means the body corporate
gov.au
constituted under section 25A;'.
9. Secretary is a body corporate
10 In Division 3 of Part 3 of the Commonwealth
Games Arrangements Act 2001 before
section 26 insert--
'25A. The Secretary is a body corporate
(1) The person who is for the time being the
15 Department Head (within the meaning of the
Public Sector Management and
Employment Act 1998) of the Department
of Tourism, Sport and the Commonwealth
Games and the successors in office of that
20 person are a body corporate under the name
"Secretary to the Department of Tourism,
Sport and the Commonwealth Games"
which, by that name--
(a) has perpetual succession;
25 (b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all things that a body
30 corporate may, by law, do and suffer.
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 3--amendments to the commonwealth games arrangements act 2001
s. 10
(2) The official seal of the Secretary must be
kept as directed by the Secretary and must
not be used except as authorised by the
Secretary.
5 (3) All courts must take judicial notice of the
official seal of the Secretary on a document
and, until the contrary is proved, must
presume that the seal was properly affixed.'.
10. Role of Secretary
10 In section 26 of the Commonwealth Games
Arrangements Act 2001 after sub-section (2)
insert--
"(3) The Secretary may perform its functions
under this Act within or outside Victoria.
15 (4) The Secretary may exercise its powers under
this Act within or outside Victoria.
(5) Without limiting sub-section (2), in the
performance of its functions under this Act,
the Secretary may, with the approval of the
20 Treasurer, form, participate in the formation
of or be a member of a body corporate,
association, partnership, trust or other body
and enter into a joint venture with any other
person.".
25 11. Contracts and agreements
At the end of section 27 of the Commonwealth
Games Arrangements Act 2001 insert--
"(2) The Secretary may enter into any agreements
or arrangements for the provision by the
30 Secretary of administration, management of
information systems or services in relation to
a Commonwealth Games project.
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 3--amendments to the commonwealth games arrangements act 2001
s. 12
(3) The Secretary may do all things necessary or
convenient to be done to give effect to the
contracts, agreements and arrangements
referred to in sub-sections (1) and (2).".
5 12. Delegation by Secretary
In section 28 of the Commonwealth Games
Arrangements Act 2001, for paragraphs (a) and
(b) substitute--
"(a) a person or a class of persons employed
10 under Part 3 of the Public Sector
Management and Employment Act 1998;
or".
13. New sections 28A and 28B inserted
After section 28 of the Commonwealth Games
15 Arrangements Act 2001 insert--
"28A. Secretary is subject to Ministerial Control
In the exercise of its powers and functions
the Secretary is subject to the direction and
control of the Minister.
20 28B. Department Head's powers are not affected
The powers and functions of the person who
for the time being constitutes the Secretary
are in addition to, and do not affect, that
person's powers and functions as a
25 Department Head under the Public Sector
Management and Employment Act 1998.".
14. Transitional Provision
After section 57 of the Commonwealth Games
Arrangements Act 2001 insert--
30 "57A. Transitional provision
On and from the commencement of the
Project Development and Construction
Management (Further Amendment) Act
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
part 3--amendments to the commonwealth games arrangements act 2001
s. 15
2002 each instrument issued or made by the
Secretary to the Department of Innovation,
Industry and Regional Development under
this Act and existing immediately before that
5 commencement has effect and continues to
have effect according to its tenor as if a
reference in the instrument to the Secretary
to the Department of Innovation, Industry
and Regional Development were a reference
10 to the body corporate constituted under
section 25A.".
15. Statute law revision
Parts 7, 8 and 9 of the Commonwealth Games
Arrangements Act 2001 are repealed.
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Project Development and Construction Management (Further
Amendment) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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