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ALBURY-WODONGA AGREEMENT (REPEAL) BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                       Albury-Wodonga Agreement (Repeal) Act 2003
Victorian Legislation and Parliamentary Documents




                                                                                       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
                                                                                                                                  4
                                                             Wodonga Area Land Acquisition Act 1973
                                                      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




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                                                    551061B.I1-2/5/2003                               BILL LA CIRCULATION 2/5/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 29 April 2003 Victorian Legislation and Parliamentary Documents 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 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 5 Acquisition Act 1973; and 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003 1

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 2 Act No. (b) to dissolve the Albury-Wodonga (Victoria) Corporation established under the Albury- Wodonga Agreement Act 1973; and Victorian Legislation and Parliamentary Documents (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; 2 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 3 Act No. "Development Corporation" means the Albury- Wodonga Development Corporation established by the Commonwealth Act; Victorian Legislation and Parliamentary Documents "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. 3 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 4 Act No. 4. Repeal of Albury-Wodonga Agreement Act 1973 and Wodonga Area Land Acquisition Act 1973 Victorian Legislation and Parliamentary Documents 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. 4 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 8 Act No. (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 Victorian Legislation and Parliamentary Documents 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) 5 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 8 Act No. of the Commonwealth Act, are transferred to the Development Corporation. Victorian Legislation and Parliamentary Documents (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 6 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 9 Act No. (d) if any proceedings to which the Corporation was a party-- Victorian Legislation and Parliamentary Documents (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 7 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 10 Act No. (b) the Development Corporation becomes the successor in law of the Corporation in relation to a liability immediately after the Victorian Legislation and Parliamentary Documents 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. 8 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 11 Act No. (3) No attornment to the Development Corporation by a lessee from the Corporation is required. Victorian Legislation and Parliamentary Documents 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. 9 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 13 Act No. 13. Approved form of winding-up agreement (1) The Minister may make a written determination Victorian Legislation and Parliamentary Documents that a specified form of agreement is the approved form of winding-up agreement for the 5 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 10 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. 15 (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 20 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 25 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 30 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 35 Development Winding-up Agreement. 10 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 16 Act No. 16. Functions, powers and duties of Development Corporation Victorian Legislation and Parliamentary Documents (1) The Development Corporation has all the duties of the Corporation under section 8(4) and sections 5 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-- 10 (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. 15 (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; 20 and (b) that are conferred on it by or under the Albury-Wodonga Area Development Winding-up Agreement. 17. Development covenants 25 (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 30 release a development covenant that the Corporation had immediately before that commencement. 11 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 18 Act No. (3) On and from the commencement of this section any reference to the Corporation in any development covenant is to be construed as a Victorian Legislation and Parliamentary Documents reference to the Wodonga Rural City Council. 5 (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 10 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 15 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 20 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 25 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 30 (b) a person authorised by the Minister, in writing, for the purposes of this section. 12 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 s. 19 Act No. 19. Action by Registrar of Titles On being requested to do so and on delivery Victorian Legislation and Parliamentary Documents (where required by the Registrar) of a certificate under section 18 and any relevant instrument or 5 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. 10 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 15 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-- 20 (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 25 (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. 30 (4) A regulation may provide for the interpretation of references to the chief executive officer of the Corporation. 13 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

Albury-Wodonga Agreement (Repeal) Act 2003 Endnotes Act No. ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 14 551061B.I1-2/5/2003 BILL LA CIRCULATION 2/5/2003

 


 

 


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