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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 (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Amendment of purposes 2
5. Amendment of definitions 2
6. Application of Principal Act 3
7. Amendments of references to the Secretary to the Department of
Infrastructure 3
8. Amendments of references to Secretary 4
9. New Part 5A inserted 4
PART 5A--THE SECRETARY TO THE DEPARTMENT
OF STATE AND REGIONAL DEVELOPMENT 4
41A. The Secretary to the Department of State and Regional
Development is a body corporate 4
41B. Functions of the Secretary to the Department of State
and Regional Development 5
41C. Powers of the Secretary to the Department of State and
Regional Development 6
41D. Secretary to the Department of State and Regional
Development is subject to Ministerial control 7
41E. Department Head's powers are not affected 7
41F. Delegation 7
10. Powers of Registrar of Titles 7
11. Transitional reference to Secretary amended 7
12. Transfer of designated projects 8
PART 8--TRANSFER OF DESIGNATED PROJECTS 8
60. Definitions 8
61. Ministers may designate project 10
62. Ministers may fix relevant date 10
63. Secretaries to prepare allocation statement or statements 10
64. Certificate of Secretary to the Department of
Infrastructure 12
65. Effect of transfer on nomination order 13
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Clause Page
66. Property transferred to Secretary to the Department of
State and Regional Development 13
67. Allocation of property etc. subject to encumbrances 14
68. Substitution of party to agreement 14
69. Secretary to the Department of Infrastructure
instruments 15
70. Proceedings 15
71. Interests in land 16
72. Action by Registrar of Titles 16
73. Taxes 16
74. Evidence 17
75. Validity of things done under this Part 17
ENDNOTES 19
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 August 2000
A BILL
to amend the Project Development and Construction Management
Act 1994 to establish the Secretary to the Department of State and
Regional Development as a body corporate, to provide for its powers
and functions and the transfer of certain matters to it and for other
purposes.
Project Development and Construction
Management (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Project Development and Construction
Management Act 1994 to establish the Secretary
5 to the Department of State and Regional
Development as a body corporate, to provide for
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its powers and functions and the transfer of certain
matters to it.
2. Commencement
This Act comes into operation on 1 January 2001.
5 3. Principal Act
See:
In this Act, the Project Development and Act No.
Construction Management Act 1994 is called 101/1994.
Reprint No. 2
the Principal Act. as at
12 March
1998 and
amending Act
Nos 109/1997,
46/1998 and
85/1998.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Amendment of purposes
10 In section 1 of the Principal Act, after
paragraph (d) insert--
"(da) to establish the Secretary to the
Department of State and Regional
Development as a body corporate;
15 (db) to provide for the transfer of certain
matters from the Secretary to the
Department of Infrastructure to the
Secretary to the Department of State
and Regional Development;".
20 5. Amendment of definitions
(1) In section 3(1) of the Principal Act--
(a) for the definition of "Secretary" substitute--
' "Secretary to the Department of
Infrastructure" means the body
25 corporate constituted under section 35;
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"Secretary to the Department of State and
Regional Development" means the
body corporate constituted under
section 41A;';
5 (b) the definition of "the Department" is
repealed.
(2) In section 3(2) of the Principal Act--
(a) after "the Department" (where first and
secondly occurring) insert "of Infrastructure
10 or the Department of State and Regional
Development";
(b) for "the Department" (where last occurring)
substitute "the relevant Department".
6. Application of Principal Act
15 In section 5(4) of the Principal Act, after "Part 5"
insert "or Part 5A".
7. Amendments of references to the Secretary to the
Department of Infrastructure
(1) In the heading to Part 5 of the Principal Act, after
20 "THE SECRETARY" insert "TO THE
DEPARTMENT OF INFRASTRUCTURE".
(2) In section 35(1) of the Principal Act--
(a) after "the Department" (where secondly
occurring) insert "of Infrastructure";
25 (b) in paragraph (b), for "a common" substitute
"an official".
(3) In section 35 of the Principal Act, for sub-sections
(2) and (3) substitute--
"(2) The official seal of the Secretary to the
30 Department of Infrastructure must be kept as
directed by the Secretary and must not be
used except as authorised by the Secretary.
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(3) All courts must take judicial notice of the
official seal of the Secretary to the
Department of Infrastructure on a document
and, until the contrary is proved, must
5 presume that the seal was properly affixed.".
8. Amendments of references to Secretary
(1) In sections 37, 38, 39 and 40 of the Principal Act,
after "Secretary" (wherever occurring) insert "to
the Department of Infrastructure".
10 (2) In section 41 of the Principal Act--
(a) after "Secretary" (where twice occurring)
insert "to the Department of Infrastructure";
(b) after "Department" insert "of Infrastructure".
9. New Part 5A inserted
15 At the end of Part 5 of the Principal Act, insert--
"PART 5A--THE SECRETARY TO THE
DEPARTMENT OF STATE AND REGIONAL
DEVELOPMENT
41A. The Secretary to the Department of State
20 and Regional Development is a body
corporate
(1) The person who is for the time being the
Department Head (within the meaning of the
Public Sector Management and
25 Employment Act 1998) of the Department
of State and Regional Development and the
successors in office of that person are a body
corporate under the name "Secretary to the
Department of State and Regional
30 Development" which, by that name--
(a) has perpetual succession;
(b) has an official seal;
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(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
5 corporate may, by law, do and suffer.
(2) The official seal of the Secretary to the
Department of State and Regional
Development must be kept as directed by the
Secretary and must not be used except as
10 authorised by the Secretary.
(3) All courts must take judicial notice of the
official seal of the Secretary to the
Department of State and Regional
Development on a document and, until the
15 contrary is proved, must presume that the
seal was properly affixed.
41B. Functions of the Secretary to the
Department of State and Regional
Development
20 (1) The Secretary to the Department of State and
Regional Development has the following
functions--
(a) by agreement, to facilitate and manage
public construction for departments and
25 public bodies;
(b) by agreement, to facilitate and manage
construction for other persons or
bodies;
(c) any functions conferred on the
30 Secretary under Part 3.
(2) The Secretary to the Department of State and
Regional Development may perform its
functions within or outside Victoria.
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41C. Powers of the Secretary to the Department
of State and Regional Development
(1) The Secretary to the Department of State and
Regional Development has all the powers
5 necessary to perform its functions under
section 41B(1)(a) and (b).
(2) In addition to the powers referred to in sub-
section (1), the Secretary to the Department
of State and Regional Development has any
10 powers conferred under Part 3 to perform the
functions conferred on the Secretary under
that Part.
(3) Without limiting sub-section (1), the
Secretary to the Department of State and
15 Regional Development, in the performance
of its functions under section 41B(1)(a) and
(b), may--
(a) enter into any agreements or
arrangements with any person or body;
20 (b) enter into any agreements or
arrangements for the provision by the
Secretary to the Department of State
and Regional Development of
administration, management or
25 information systems or services;
(c) do all things necessary or convenient to
be done to give effect to the agreements
and arrangements referred to in
paragraphs (a) and (b);
30 (d) with the approval of the 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
35 any other person.
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(4) The Secretary to the Department of State and
Regional Development may exercise its
powers within or outside Victoria.
41D. Secretary to the Department of State and
5 Regional Development is subject to
Ministerial control
In the exercise of powers and functions the
Secretary to the Department of State and
Regional Development is subject to the
10 direction and control of the Minister.
41E. Department Head's powers are not affected
The powers and functions of the person who
for the time being constitutes the Secretary
to the Department of State and Regional
15 Development are in addition to, and do not
affect, that person's powers and functions as
a Department Head under the Public Sector
Management and Employment Act 1998.
41F. Delegation
20 The Secretary to the Department of State and
Regional Development may delegate in
writing to any employee or class of
employees of the Department of State and
Regional Development any of the powers
25 conferred on the Secretary to the Department
of State and Regional Development under
this Part or the regulations other than this
power of delegation.".
10. Powers of Registrar of Titles
30 In section 45(3) of the Principal Act, after "Part 7"
insert "or Part 8".
11. Transitional reference to Secretary amended
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In section 47(1) of the Principal Act, insert the
following definition--
' "Secretary" means the Secretary to the
Department of Infrastructure as constituted
5 under section 35;'.
12. Transfer of designated projects
At the end of Part 7 of the Principal Act insert--
'PART 8--TRANSFER OF DESIGNATED
PROJECTS
10 60. Definitions
In this Part--
"allocation statement" means an allocation
statement made under section 63;
"designated project" means a nominated
15 project designated by the relevant
Ministers under section 61;
"former Secretary of Infrastructure
property" means property, rights or
liabilities of the Secretary to the
20 Department of Infrastructure that, under
this Part, have vested in or become
liabilities of the Secretary to the
Department of State and Regional
Development;
25 "instrument" includes a document and an
oral agreement;
"liabilities" means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
30 "property" means any legal or equitable
estate or interest (whether present or
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future and whether vested or
contingent) in real or personal property
of any description;
"relevant date", in relation to an allocation
5 statement or property, rights or
liabilities allocated under an allocation
statement, means the date fixed by the
relevant Ministers under section 62 for
the purposes of that statement;
10 "relevant Ministers" means the Ministers
administering this Act and the Minister
administering the Docklands
Authority Act 1991;
"rights" means all rights, powers, privileges
15 and immunities, whether actual,
contingent or prospective;
"Secretary to the Department of
Infrastructure instrument" means an
instrument (including a legislative
20 instrument other than this Act)
subsisting immediately before the
relevant date--
(a) to which the Secretary to the
Department of Infrastructure was
25 a party; or
(b) that was given to or in favour of
the Secretary to the Department of
Infrastructure; or
(c) that refers to the Secretary to the
30 Department of Infrastructure; or
(d) under which--
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(i) money is, or may become,
payable to or by the
Secretary to the Department
of Infrastructure; or
5 (ii) other property is to be, or
may become liable to be,
transferred to or by the
Secretary to the Department
of Infrastructure.
10 61. Ministers may designate project
The relevant Ministers, by instrument, may
designate any nominated project for which
the Secretary to the Department of
Infrastructure is the facilitating agency as a
15 designated project for the purposes of this
Part.
62. Ministers may fix relevant date
The relevant Ministers, by notice published
in the Government Gazette, may fix the
20 relevant date for the purposes of an
allocation statement under section 63.
63. Secretaries to prepare allocation statement
or statements
(1) The Secretary to the Department of
25 Infrastructure and the Secretary to the
Department of State and Regional
Development must give to the relevant
Ministers and the Treasurer within the period
of 3 months after 1 January 2001, or such
30 longer period as is approved by the relevant
Ministers and the Treasurer, a statement or
statements approved by the Treasurer and the
relevant Ministers relating to the property,
rights and liabilities of the Secretary to the
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Department of Infrastructure in relation to a
designated project as at the relevant date.
(2) A statement under this section in relation to a
designated project--
5 (a) must allocate to the Secretary to the
Department of State and Regional
Development all the property, rights
and liabilities of the Secretary to the
Department of Infrastructure which
10 relate to the project; and
(b) must be signed by the Secretary to the
Department of Infrastructure and the
Secretary to the Department of State
and Regional Development.
15 (3) If a statement under this section is approved
by the Treasurer and the relevant
Ministers--
(a) the Treasurer and the relevant Ministers
must sign the statement; and
20 (b) the statement is an allocation statement
for the purposes of this Part.
(4) The Treasurer and the relevant Ministers
may at any time direct the Secretary to the
Department of Infrastructure and the
25 Secretary to the Department of State and
Regional Development to amend a statement
given to them under this section as specified
in the direction.
(5) An allocation statement under this section
30 may be amended by writing signed by the
Treasurer and the relevant Ministers.
(6) In this section, "statement" and "allocation
statement" include a statement or allocation
statement amended in accordance with this
35 section.
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64. Certificate of Secretary to the Department
of Infrastructure
(1) A certificate signed by the Secretary to the
Department of Infrastructure certifying that
5 property, rights or liabilities of the Secretary
to the Department of Infrastructure specified
in the certificate have been allocated under
an allocation statement to the Secretary to
the Department of State and Regional
10 Development is, unless revoked under sub-
section (2), conclusive evidence--
(a) that the property, rights or liabilities
have been so allocated; and
(b) that the property, rights or liabilities
15 vested in or became the property, rights
or liabilities of the Secretary to the
Department of State and Regional
Development on the relevant date.
(2) If the Treasurer and the relevant Ministers so
20 direct the Secretary to the Department of
Infrastructure in writing, the Secretary to the
Department of Infrastructure must revoke a
certificate given under sub-section (1) by
issuing another certificate or certificates in
25 place of the first certificate.
(3) The Secretary to the Department of
Infrastructure--
(a) must keep a register of certificates
issued under this section; and
30 (b) must make the register reasonably
available for inspection by the
Secretary to the Department of State
and Regional Development or any other
interested person.
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65. Effect of transfer on nomination order
On and after the relevant date--
(a) in any nomination order in force as at
that relevant date relating to the
5 designated project, a reference to the
Secretary to the Department of
Infrastructure as the facilitating agency
for that project must be construed as a
reference to the Secretary to the
10 Department of State and Regional
Development as the facilitating agency
for that project; and
(b) the Secretary to the Department of State
and Regional Development is deemed
15 to be the facilitating agency for that
project; and
(c) unless revoked, amended or varied in
accordance with this Act, any other
provision of the nomination order and
20 any application order in force as at the
relevant date relating to that project
continue to apply to that project.
66. Property transferred to Secretary to the
Department of State and Regional
25 Development
On the relevant date--
(a) all property and rights of the Secretary
to the Department of Infrastructure that
are allocated under an allocation
30 statement to the Secretary to the
Department of State and Regional
Development vest in the Secretary to
the Department of State and Regional
Development; and
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(b) all liabilities of the Secretary to the
Department of Infrastructure that are
allocated under an allocation statement
to the Secretary to the Department of
5 State and Regional Development
become liabilities of the Secretary to
the Department of State and Regional
Development.
67. Allocation of property etc. subject to
10 encumbrances
Unless an allocation statement otherwise
provides, if, under this Part, property and
rights vest in the Secretary to the Department
of State and Regional Development or
15 liabilities become liabilities of the Secretary
to the Department of State and Regional
Development--
(a) the property and rights so vested are
subject to the encumbrances (if any) to
20 which they were subject immediately
before so vesting; and
(b) the rights to which the Secretary to the
Department of Infrastructure was
entitled in respect of those liabilities
25 immediately before they ceased to be
liabilities of that Secretary vest in the
Secretary to the Department of State
and Regional Development.
68. Substitution of party to agreement
30 If, under an allocation statement, the rights
and liabilities of the Secretary to the
Department of Infrastructure under an
agreement are allocated to the Secretary to
the Department of State and Regional
35 Development--
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(a) the Secretary to the Department of State
and Regional Development becomes,
on the relevant date, a party to the
agreement in place of the Secretary to
5 the Department of Infrastructure; and
(b) on and after the relevant date, the
agreement has effect as if the Secretary
to the Department of State and
Regional Development had always
10 been a party to the agreement.
69. Secretary to the Department of
Infrastructure instruments
Each Secretary to the Department of
Infrastructure instrument relating to former
15 Secretary to the Department of Infrastructure
property continues to have effect according
to its tenor on and after the relevant date as if
a reference in the instrument to the Secretary
to the Department of Infrastructure were a
20 reference to the Secretary to the Department
of State and Regional Development.
70. Proceedings
If, immediately before the relevant date,
proceedings relating to former Secretary to
25 the Department of Infrastructure property
(including arbitration proceedings) to which
the Secretary to the Department of
Infrastructure was a party were pending or
existing in any court or tribunal, then, on and
30 after that date, the Secretary to the
Department of State and Regional
Development is substituted for the Secretary
to the Department of Infrastructure as a party
to the proceedings and has the same rights in
35 the proceedings as the Secretary to the
Department of Infrastructure had.
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71. Interests in land
Without affecting the generality of this Part
and despite anything to the contrary in any
other Act or law, if, immediately before the
5 relevant date, the Secretary to the
Department of Infrastructure is, in relation to
former Secretary to the Department of
Infrastructure property, the registered
proprietor of an interest in land under the
10 Transfer of Land Act 1958, then on and
after that date--
(a) the Secretary to the Department of State
and Regional Development is deemed
to be the registered proprietor of that
15 interest in land; and
(b) the Secretary to the Department of State
and Regional Development has the
same rights and remedies in respect of
that interest as the Secretary to the
20 Department of Infrastructure had.
72. Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document, the
Registrar of Titles must make any recordings
25 in the Register that are necessary because of
the operation of this Part.
73. Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything done
30 under this Part or in respect of any act or
transaction connected with or necessary to be
done by reason of this Part, including a
transaction entered into or an instrument
made, executed, lodged or given, for the
35 purpose of, or connected with the transfer of
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property, rights or liabilities of the Secretary
to the Department of Infrastructure.
74. Evidence
(1) Documentary or other evidence that would
5 have been admissible for or against the
interests of the Secretary to the Department
of Infrastructure in relation to former
Secretary to the Department of Infrastructure
property if this Part had not been enacted, is
10 admissible for or against the interests of the
Secretary to the Department of State and
Regional Development.
(2) Division 3A of Part III of the Evidence Act
1958 continues to apply with respect to the
15 books of account of the Secretary to the
Department of Infrastructure and to entries
made in those books of account before the
relevant date, whether or not they relate to
former Secretary to the Department of
20 Infrastructure property.
(3) In sub-section (2), "books of account" has
the same meaning as in Division 3A of
Part III of the Evidence Act 1958.
75. Validity of things done under this Part
25 (1) Nothing effected by this Part or done or
suffered by the Secretary to the Department
of Infrastructure, the State, a Minister or the
Secretary to the Department of State and
Regional Development under this Part--
30 (a) is to be regarded as placing the
Secretary to the Department of
Infrastructure, the State, a Minister or
the Secretary to the Department of State
and Regional Development in breach of
35 contract or confidence or as otherwise
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making any of them guilty of a civil
wrong; or
(b) is to be regarded as placing any of them
in breach of or as constituting a default
5 under any Act or other law or any
provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
10 provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
15 condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) releases any surety or other obligee
20 wholly or in part from any obligation.
(2) The validity of any act or transaction of the
Secretary to the Department of Infrastructure
must not be called in question in any
proceedings on the ground that any provision
25 of this Part had not been complied with.'.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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