Albury-Wodonga Agreement (Repeal) Act 2003

Victorian Legislation and Parliamentary Documents i Albury-Wodonga Agreement (Repeal) Act 2003 Act No. 62/2003 TABLE OF PROVISIONS Section 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 10 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 11 17. Development covenants 11 18. Evidentiary certificate 12 19. Action by Registrar of Titles 13 20. Regulations 13 ═══════════════ ENDNOTES 14 INDEX 15 -- 1 of 16 -- Victorian Legislation and Parliamentary Documents 1 Albury-Wodonga Agreement (Repeal) Act 2003† [Assented to 23 September 2003] 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 Acquisition Act 1973; and (b) to dissolve the Albury-Wodonga (Victoria) Corporation established under the Albury- Wodonga Agreement Act 1973; and Victoria No. 62 of 2003 -- 2 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 2 (c) to provide for the transfer of the assets, 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 Commonwealth; and (d) to provide for the winding-up agreement between Victoria and New South Wales and the Commonwealth for those purposes. 2. Commencement 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 Commonwealth Act; "Commonwealth Act" means the Albury- Wodonga Development Act 1973 of the Commonwealth; "Commonwealth Minister" means the Minister 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 (Victoria) Corporation established under section 7 of the Albury-Wodonga Agreement Act 1973; "Development Corporation" means the Albury- Wodonga Development Corporation established by the Commonwealth Act; s. 2 -- 3 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 3 "development covenant" means a covenant 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 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 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 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 Corporation includes a reference to any property held by the Corporation on behalf of the Crown in right of the State of Victoria. s. 3 -- 4 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 4 4. Repeal of Albury-Wodonga Agreement Act 1973 and Wodonga Area Land Acquisition Act 1973 (1) The Albury-Wodonga Agreement Act 1973 is repealed. (2) The Wodonga Area Land Acquisition Act 1973 is repealed. 5. Dissolution of Corporation The Corporation is dissolved. 6. Members of Corporation to vacate office 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 (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. s. 4 See: Act No. 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 See: Act No. 8518/1973. Reprint No. 1 as at 5 February 1998. LawToday: www.dms. dpc.vic. gov.au -- 5 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 5 (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 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 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 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— (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 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. 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 the Commonwealth Minister under section 20E(3) s. 8 -- 6 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 6 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— (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 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, 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 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 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 Corporation's rights and obligations under the contract become rights and obligations of the Development Corporation; and s. 8 -- 7 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 7 (d) if any proceedings to which the Corporation was a party— (i) were pending in any court or tribunal immediately before the transfer; and (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 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 (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. (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 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 Corporation as if a reference in the instrument to the Corporation were a reference to the Development Corporation; and s. 9 -- 8 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 8 (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 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 (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 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 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 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 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 or other instrument. s. 10 -- 9 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 9 (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 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 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 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 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 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 section 7(3)(a), 8(3)(a) or (b), 9(3)(a) or 17. s. 11 -- 10 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 10 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 purposes of this Act. (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 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. (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 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 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 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 Development Winding-up Agreement. s. 13 -- 11 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 11 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 15(5) and 15(12) of the Albury-Wodonga 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— (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. (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; and (b) that are conferred on it by or under the Albury-Wodonga Area Development Winding-up Agreement. 17. Development covenants (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 release a development covenant that the Corporation had immediately before that commencement. s. 16 -- 12 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 12 (3) On and from the commencement of this section any reference to the Corporation in any development covenant is to be construed as a reference to the Wodonga Rural City Council. (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 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 (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 (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. (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— (a) the Minister; or (b) a person authorised by the Minister, in writing, for the purposes of this section. s. 18 -- 13 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 13 19. Action by Registrar of Titles On being requested to do so and on delivery (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 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 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. (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 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 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 Corporation. ═══════════════ s. 19 -- 14 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 16 September 2003 The long title for the Bill for this Act was "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." Endnotes -- 15 of 16 -- Victorian Legislation and Parliamentary Documents Act No. 62/2003 Albury-Wodonga Agreement (Repeal) Act 2003 15 INDEX Subject Section Actcommencement 2 purposes 1 repeals 4 Albury-Wodonga (Victoria) Corporation See Corporation Albury-Wodonga Development Corporation See Development Corporation Corporation assets, rights, liabilities not transferred 11 construction of references to 12 definition 3 development covenants 3, 17 dissolution 5 members cease to hold office 6 operation of transfer provisions 10 transfer day (def.) 3 transfer of assets 7 transfer of contractual rights and obligations 8 transfer of liabilities 9 winding-up agreement 13–15 Crown transfer of Corporation's assets, rights, liabilities to 11 Definitions 3, 18 Development Corporation definition 3 functions, powers, duties 16 operation of transfer provisions 10 transfer of assets to 7 transfer of contractual rights and obligations to 8 transfer of liabilities to 9 Development covenants 3, 17 Evidentiary certificates 18 Registrar of Titles 19 Regulations 20 Repeals 4 Winding-up agreement approval 15 approved form 13 Minister may sign on behalf of State 14 Wodonga Rural City Council 17 -- 16 of 16 --