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ALBURY-WODONGA AGREEMENT (REPEAL) BILL 2003

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




                                                                             Circulation Print

                                                                  EXPLANATORY MEMORANDUM

                                                    The objective of this Bill is to repeal the Albury-Wodonga Agreement Act
                                                    1973 and the Wodonga Area Land Acquisition Act 1973 and to dissolve
                                                    the Albury-Wodonga (Victoria) Corporation constituted by the Albury-
                                                    Wodonga Agreement Act 1973. The Bill provides for the transfer of assets,
                                                    contractual rights and obligations, and liabilities of the Albury-Wodonga
                                                    (Victoria) Corporation to the Albury-Wodonga Development Corporation
                                                    established by the Albury-Wodonga Development Act 1973 of the
                                                    Commonwealth, subject to the consent of the Minister administering the
                                                    Albury-Wodonga Development Act 1973 of the Commonwealth ("the
                                                    relevant Commonwealth Minister"). It also provides for the development of
                                                    the Albury-Wodonga Area Development Winding-up Agreement which will
                                                    terminate the Albury-Wodonga Area Development Agreement. This Bill
                                                    complements legislation passed by the Commonwealth Parliament (Albury-
                                                    Wodonga Development Amendment Act 2000) and the New South Wales
                                                    Parliament (Albury-Wodonga Development Repeal Act 2000).

                                                    Clause 1   sets out the purposes of the Bill, which are to repeal the Albury-
                                                               Wodonga Agreement Act 1973 and the Wodonga Area Land
                                                               Acquisition Act 1973; dissolve the Albury-Wodonga (Victoria)
                                                               Corporation; and provide for the transfer of assets, contractual
                                                               rights and obligations, and liabilities of the Albury-Wodonga
                                                               (Victoria) Corporation to the Albury-Wodonga Development
                                                               Corporation. It also provides for the development of the Albury-
                                                               Wodonga Area Development Winding-up Agreement which will
                                                               terminate the Albury-Wodonga Area Development Agreement.

                                                    Clause 2   provides for the Bill to come into operation on a day or days to
                                                               be proclaimed. There is no fixed day for commencement as the
                                                               precise date of commencement will depend on the time of
                                                               signing of the proposed Albury-Wodonga Area Development
                                                               Winding-up Agreement and the commencement of the relevant
                                                               provisions of the Commonwealth and New South Wales Acts.




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                                                    551061                                         BILL LA CIRCULATION 2/5/2003

 


 

Clause 3 defines certain words and expressions used in the Bill. Clause 4 repeals the Albury-Wodonga Agreement Act 1973 and the Victorian Legislation and Parliamentary Documents Wodonga Area Land Acquisition Act 1973. Clause 5 dissolves the Albury-Wodonga (Victoria) Corporation (the Corporation). Clause 6 provides that the members of the Corporation are to vacate office on dissolution of the Corporation. Clause 7 transfers those assets of the Corporation that the relevant Commonwealth Minister has agreed to accept to the Albury- Wodonga Development Corporation. This clause does not apply to development covenants which are dealt with in clause 17. Clause 8 transfers those contractual rights and obligations of the Corporation that the relevant Commonwealth Minister has agreed to accept to the Albury-Wodonga Development Corporation. This clause does not apply to development covenants which are dealt with in clause 17. Clause 9 transfers those liabilities of the Corporation that the relevant Commonwealth Minister has agreed to accept to the Albury- Wodonga Development Corporation. This clause does not apply to development covenants which are dealt with in clause 17. Clause 10 provides that the transfer of assets, contractual rights and obligations, and liabilities under clauses 7, 8 and 9 is not to be regarded as a wrongful act of the Corporation and does not give rise to any remedy against it. Clause 11 provides that any assets, contractual rights and obligations, and liabilities that are not transferred under clauses 7, 8 and 9 on or before the dissolution of the Corporation become assets, rights and obligations, and liabilities of the Crown. This clause does not apply to development covenants which are dealt with in clause 17. Clause 12 provides that references to the Corporation in other laws or documents are construed as references to the Albury-Wodonga Development Corporation or the Crown, as the case requires. 2

 


 

Clause 13 provides a process for approval of a winding-up agreement between the Commonwealth, New South Wales and Victoria for the termination of the Albury-Wodonga Development Agreement Victorian Legislation and Parliamentary Documents (and amendments to that Agreement) approved by the Albury- Wodonga Agreement Act 1973. The Minister administering the proposed Act is to table in each House of Parliament a determination that a specified form of agreement is the approved form of winding-up agreement. Either House may disallow the determination within 15 sitting days. Clause 14 authorises the Minister, if the Minister's determination under clause 13 is not disallowed, to execute on behalf of Victoria an agreement substantially in accordance with the approved form of winding-up agreement. Clause 15 provides that if the agreement referred to in clause 14 is signed on or on behalf of the Commonwealth, New South Wales and Victoria, the agreement is approved by Parliament. The agreement is to be known as the Albury-Wodonga Area Development Winding-up Agreement. Clause 16 provides that the Albury-Wodonga Development Corporation has the same duties that the Corporation had to comply with Victorian laws. Once this provision is enacted, the relevant Commonwealth Minister will be able to make a declaration under section 8 of the Albury-Wodonga Development Act 1973 of the Commonwealth (as amended by the Albury-Wodonga Development Amendment Act 2000) that clause 16 is complementary to the Commonwealth Act. The effect of that declaration will be to impose the duties on the Commonwealth Corporation. Clause 16 also provides in a similar way for the Albury-Wodonga Development Corporation to have the powers and functions conferred on it by the winding-up agreement. Clause 17 provides that the Wodonga Rural City Council has the power to enforce, vary and release a development covenant that the Corporation had immediately before the commencement of this section. This is to ensure that there will be on-going enforcement of the covenants when the Albury-Wodonga Development Corporation is eventually wound up. Clause 18 provides for an evidentiary certificate in relation to land vested in the Albury-Wodonga Development Corporation under the Bill. 3

 


 

Clause 19 provides for the Registrar of Titles to make any recordings in the Register because of the operation of this Act (other than clause 17) without the payment of fee. This clause does not Victorian Legislation and Parliamentary Documents apply to development covenants referred to in clause 17. The Registrar has powers under section 15A of the Albury- Wodonga Agreement Act 1973 (as continued by clause 17) to deal with development covenants. Clause 20 provides for the making of regulations containing provisions of a savings or transitional nature. This power is included in case any unexpected transitional issue arises. In order for a transitional provision to operate effectively it may have to be made retrospective but that date cannot be earlier than the date of Royal Assent of the Act. 4

 


 

 


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