An Act relating to the Development of the Albury‑Wodonga Area
Part I—Preliminary
1 Short title
This Act may be cited as the Albury‑Wodonga Development Act 1973.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
annual operational plan means a plan prepared under subsection 20B(1).
appointed member means a member other than the chief executive officer.
approved bank means the Reserve Bank of Australia or another bank approved by the Finance Minister.
asset includes:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
Australian Public Service means the APS within the meaning of the Public Service Act 1999.
Chairperson means the Chairperson of the Corporation.
chief executive officer means the person appointed under section 10A.
Corporation means the Corporation established by this Act.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
joint Commonwealth/State scheme means the scheme:
(a) under which the Commonwealth, New South Wales and Victoria agreed that:
(i) a new integrated urban complex be developed by the extension of existing urban areas of Albury and Wodonga and the creation of new urban areas in the Albury‑Wodonga region; and
(ii) amenities and services be provided to foster and serve that urban complex; and
(b) that had as one of its elements the establishment of the Corporation by this Act.
land includes an interest in land.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
member means a member of the Corporation.
Winding‑up Agreement means the Albury‑Wodonga Area Development Winding‑up Agreement approved by subsection 5B(1).
winding‑up plan means a plan prepared under subsection 20A(1).
4 Act to bind Crown
This Act binds the Crown in right of the Commonwealth, the State of New South Wales and the State of Victoria.
5AA Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part IA—Albury‑Wodonga Area Development Winding‑up Agreement
5A 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 Part.
(2) The Minister must cause a copy of the determination to be tabled in each House of the Parliament.
(3) Either House 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 upon which such a resolution could have been passed.
(5) Subsections (3) and (4) have effect despite anything in:
(a) the Acts Interpretation Act 1901; or
(b) the Legislative Instruments Act 2003.
5B 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, New South Wales and Victoria, the agreement is approved by the Parliament.
(2) The agreement approved by subsection (1) is to be known as the Albury‑Wodonga Area Development Winding‑up Agreement.
5C When winding‑up agreement takes effect
The Winding‑up Agreement may be expressed to take effect on the commencement of Part 2 of Schedule 1 to the Albury‑Wodonga Development Amendment Act 2000.
5D Termination of the original Commonwealth/State agreement
(1) The Winding‑up Agreement is to make provision for the termination of the original Commonwealth/State agreement, with effect from the commencement of Part 2 of Schedule 1 to the Albury‑Wodonga Development Amendment Act 2000.
(2) In this section:
original Commonwealth/State agreement means the Agreement (as defined by subsection 3(1) as in force at the commencement of this section).
Part III—Establishment, functions and powers of the Albury‑Wodonga Development Corporation
7 Albury‑Wodonga Development Corporation
(1) There is established by this Act a Corporation by the name of the Albury‑Wodonga Development Corporation.
8 Functions and powers of Corporation
(1) The functions of the Corporation under this Act are:
(a) to prepare the Corporation, over a period ascertained in accordance with the Winding‑up Agreement, for abolition by a future Act; and
(b) for the purposes of preparing the Corporation for abolition as mentioned in paragraph (a), to dispose of the assets of the Corporation; and
(c) to assist the Commonwealth and other persons in connection with the winding‑up of the Corporation and the joint Commonwealth/State scheme; and
(d) for the purposes of facilitating the winding‑up of the Corporation and the joint Commonwealth/State scheme:
(i) to acquire assets that were previously held by the Albury‑Wodonga (New South Wales) Corporation or the Albury‑Wodonga (Victoria) Corporation; and
(ii) to hold such assets; and
(iii) to prepare such assets for disposal (including by way of developing or improving such assets); and
(iv) to dispose of such assets; and
(e) if requested by or on behalf of the Commonwealth, or by or on behalf of an authority of the Commonwealth, to do so—to act as the agent of the Commonwealth, or the authority of the Commonwealth, in relation to the disposal of land in the Albury‑Wodonga region.
(2) The Corporation has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions and, in particular, without limiting the generality of the foregoing, has power:
(a) to enter into contracts and agreements; and
(b) either directly or by arrangement with other persons, to construct buildings and works and carry on services.
(3) Where it appears to the Minister that an Act of the Parliament of the State of New South Wales or of the State of Victoria or part of such an Act confers or imposes on the Corporation functions, powers or duties for the purposes of the Winding‑up Agreement or for purposes that are otherwise complementary to this Act, the Minister may, by notice published in the Gazette, declare that Act or that part of that Act, as the case may be, to be complementary to this Act.
(4) It is hereby declared to be the intention of the Parliament that the Corporation may have and be subject to functions, powers and duties specified by an Act or part of an Act for the time being declared under subsection (3) to be complementary to this Act.
(5) For the purposes of subsection (3), each of the following purposes is taken to be a purpose that is complementary to this Act:
(a) the purpose of facilitating the disposal of the assets of the Corporation;
(b) the purpose of facilitating the winding‑up of the Corporation;
(c) the purpose of facilitating the winding‑up of the joint Commonwealth/State scheme.
(5A) For the purposes of subsection (3), if an Act of New South Wales, or a part of such an Act, confers or imposes on the Corporation functions, powers or duties of a kind that were previously conferred or imposed on the Albury‑Wodonga (New South Wales) Corporation, that Act or that part of that Act, as the case may be, is taken to confer or impose those functions, powers or duties for purposes that are complementary to this Act.
(5B) For the purposes of subsection (3), if an Act of Victoria, or a part of such an Act, confers or imposes on the Corporation functions, powers or duties of a kind that were previously conferred or imposed on the Albury‑Wodonga (Victoria) Corporation, that Act or that part of that Act, as the case may be, is taken to confer or impose those functions, powers or duties for purposes that are complementary to this Act.
(6) The Corporation shall comply with any written directions given to it by the Minister with respect to the performance of its functions, the exercise of its powers and its procedures.
(7) The Corporation shall comply in all respects with the provisions of the Winding‑up Agreement that are applicable to it.
(8) This section shall not be read as limiting the matters that may be dealt with by Departments or authorities of the Commonwealth, other than the Corporation.
(9) To avoid doubt, a reference in subsection (1) to:
(a) the abolition or winding‑up of the Corporation; or
(b) the winding‑up of the joint Commonwealth/State scheme;
does not, by implication:
(c) require the Corporation to dispose of all of its assets; or
(d) prevent functions, powers or duties being conferred or imposed on the Corporation by a law of New South Wales or Victoria.
(10) It is the intention of the Parliament that subsection (1) is not to apply to the exclusion of a law of New South Wales or Victoria to the extent to which that law is capable of operating concurrently with that subsection.
8A Chief executive officer’s function
The chief executive officer is responsible for the day‑to‑day management of the Corporation’s affairs.
Part IV—Constitution and meetings of the Corporation
9 Nature of Corporation
(1) The Corporation:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.
10 Composition of Corporation
(1) The Corporation consists of:
(a) the Chairperson; and
(e) 2 other members; and
(f) the chief executive officer.
(2) The appointed members are to be appointed by the Governor‑General.
(3) A person is not to be appointed as:
(a) the Chairperson; or
(b) a member referred to in paragraph (1)(e);
unless he or she appears to the Minister to be qualified for appointment because of his or her knowledge and understanding of issues relating to the development of the Albury‑Wodonga region.
(6) The exercise of the functions or powers of the Corporation is not affected by reason of there being a vacancy or vacancies in the membership of the Corporation.
10A Appointment of chief executive officer
The chief executive officer is to be appointed by the appointed members, and holds office on terms and conditions determined by the appointed members.
11 Period of appointment of appointed members
(1) An appointed member is to be appointed on a part‑time basis for a period not exceeding 3 years.
12 Remuneration and allowances for appointed members
(1) An appointed member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a member shall be paid such remuneration as is prescribed.
(2) An appointed member shall be paid such allowances as are prescribed.
(3) If an appointed member is a person who, if he or she were paid remuneration or allowances under this section, would cease to hold an office or position or cease to be entitled to a pension or other moneys, other than a pension or moneys payable under the Social Security Act 1991, the Veterans’ Entitlements Act 1986 or a prescribed law of the Commonwealth or of a State or Territory, the member shall not be paid remuneration or allowances under this section, but shall, subject to the approval of the Minister, be reimbursed such expenses as are reasonably incurred by reason of the person being a member.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
14 Resignation of members
An appointed member may resign office by writing signed by him or her and delivered to the Governor‑General.
15 Dismissal of appointed members
(1) The Governor‑General may terminate the appointment of an appointed member for inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) If an appointed member:
(c) is absent, except on leave granted by the Corporation, from 3 consecutive meetings of the Corporation;
(d) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(e) is or becomes an officer or employee of the Corporation;
(f) in any way, otherwise than as a member, and in common with other members, of an incorporated company consisting of not fewer than twenty‑five persons:
(i) is or becomes directly or indirectly interested in a contract made or proposed to be made by the Corporation; or
(ii) participates or claims to participate in the profits of any such contract or in any benefit arising from any such contract;
the Governor‑General shall terminate the appointment of the member.
Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
17 Condition of service—appointed member
Subject to this Act, the appointed members hold office on such terms and conditions as the Minister determines.
18 Acting appointments
(1) Where the Chairperson is, or is expected to be, absent from duty or from Australia or there is a vacancy in the office of Chairperson, the Minister may appoint a person to be acting Chairperson during the absence or until the filling of the vacancy.
(3) An acting Chairperson appointed in the event of a vacancy shall not continue in office after the expiration of 12 months after the occurrence of the vacancy.
(4) An acting Chairperson has all the functions, powers and duties of the Chairperson.
(5) In the event of the inability of a member referred to in paragraph 10(1)(e) (whether on account of illness or otherwise) to attend the meetings of the Corporation, the Minister may appoint a person to be an acting member during that inability, and the person so appointed has all the functions, powers and duties of a member referred to in paragraph 10(1)(e).
(7) The Minister may, at any time, terminate an appointment under this section.
(8) Subject to this section, a person appointed under this section holds office on such terms and conditions as the Minister determines.
(9) The validity of an act done by the Corporation shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.
19 Meetings
(1) The Corporation shall hold such meetings as are necessary for the performance of its functions.
(2) The Chairperson or, if for any reason the Chairperson is unable to act, the appointed members acting jointly, may at any time convene a meeting of the Corporation.
(4) At a meeting of the Corporation, a quorum is constituted by a majority of the appointed members.
(5) The Chairperson shall preside at all meetings of the Corporation at which he or she is present.
(6) If the Chairperson is not present at a meeting of the Corporation, an appointed member, chosen in accordance with the procedure determined for the purpose by the Corporation, shall preside at the meeting.
(7) Questions arising at a meeting of the Corporation shall be determined by a majority of the votes of the appointed members present and voting.
(8) The member presiding at a meeting of the Corporation has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
20 Delegation by Corporation
(1) The Corporation may, by writing, delegate any or all of its functions and powers to:
(a) a member; or
(b) an officer or employee of the Corporation.
(2) The delegate is, in the exercise of the function or power delegated under subsection (1), subject to the directions of the Corporation.
Part IVA—Winding‑up plan and annual operational plans
20A Winding‑up plan
(1) The Corporation must:
(a) prepare a plan setting out the manner in which the Corporation proposes to perform the functions conferred on it by paragraphs 8(1)(a), (b), (c) and (d); and
(b) give a copy of the plan to the Minister.
(2) The Corporation must do this as soon as practicable, and in any event within 90 days, after the commencement of this section.
Note: Paragraphs 8(1)(a), (b), (c) and (d) deal with the winding‑up of the Corporation and the joint Commonwealth/State scheme.
(3) The plan is to be known as the winding‑up plan.
(4) The winding‑up plan is to be expressed to relate to the period mentioned in paragraph 8(1)(a).
Note: The period mentioned in paragraph 8(1)(a) is the period over which the Corporation is to prepare itself for abolition by a future Act.
(5) The Corporation must keep the Minister informed about matters that arise that might significantly affect the carrying out of the winding‑up plan.
(6) The Corporation may vary the winding‑up plan.
(7) If the Corporation varies the winding‑up plan, the Corporation must give a copy of the variation to the Minister.
(8) The Minister may direct the Corporation to vary the winding‑up plan.
(9) The Corporation must comply with a direction under subsection (8).
20B Annual operational plans
(1) Before the beginning of each financial year, the Corporation must:
(a) prepare a plan for the financial year concerned, setting out the details of:
(i) the strategies the Corporation proposes to pursue; and
(ii) the activities the Corporation proposes to carry out; and
(iii) the resources the Corporation proposes to allocate to each such activity;
during the financial year in giving effect to the winding‑up plan; and
(b) give a copy of the first‑mentioned plan to the Minister.
(2) A plan prepared under subsection (1) is to be known as an annual operational plan.
(3) The Corporation must keep the Minister informed about matters that arise that might significantly affect the carrying out of an annual operational plan.
(4) The Corporation may vary an annual operational plan.
(5) If the Corporation varies the annual operational plan, the Corporation must give a copy of the variation to the Minister.
(6) The Minister may direct the Corporation to vary an annual operational plan.
(7) The Corporation must comply with a direction under subsection (6).
20BA Corporate plans
Section 35 of the Public Governance, Performance and Accountability Act 2013 (which deals with corporate plans for Commonwealth entities) does not apply in relation to the Corporation.
Part IVB—Transfers of assets, contracts and liabilities from State bodies to the Corporation
20C Definitions
In this Part:
contract includes:
(a) a deed; and
(b) a deed poll.
instrument includes a document.
relevant State body:
(a) in relation to New South Wales—means the Albury‑Wodonga (New South Wales) Corporation; and
(b) in relation to Victoria—means the Albury‑Wodonga (Victoria) Corporation.
20D Transfer of assets to Corporation
(1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
(a) transfer an asset from the relevant State body to the Corporation; and
(b) provide for matters incidental to the transfer.
(2) Such a transfer may be by way of a provision that vests the asset in the Corporation without any conveyance, assignment or instrument of transfer.
Minister must consent to transfer
(3) However, a law of New South Wales or Victoria is not effective to transfer the asset from the relevant State body to the Corporation unless the Minister, by notice in the Gazette, consents to the transfer of:
(a) the asset; or
(b) a class of assets in which the asset is included.
Matters incidental to transfer
(4) The following are examples of matters incidental to the transfer of an asset from a relevant State body to the Corporation:
(a) that an instrument relating to the asset continues to have effect after the asset vests in the Corporation as if a reference in the instrument to the relevant State body were a reference to the Corporation;
(b) that the Corporation becomes the successor in law of the relevant State body in relation to an asset immediately after the asset vests in the Corporation;
(c) if any proceedings to which the relevant State body 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;
that the Corporation is substituted for the relevant State body as a party to the proceedings to the extent to which the proceedings relate to the asset.
20E Transfer of contractual rights and obligations to Corporation
(1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
(a) transfer the relevant State body’s rights and obligations under a contract from the relevant State body to the Corporation; and
(b) provide for matters incidental to the transfer.
(2) Such a transfer may be by way of a provision under which a relevant State body’s rights and obligations under the contract:
(a) cease to be rights and obligations of the relevant State body at a particular time; and
(b) become rights and obligations of the Corporation at that time.
Minister must consent to transfer
(3) However, a law of New South Wales or Victoria is not effective to transfer the relevant State body’s rights and obligations under the contract from the relevant State body to the Corporation unless the Minister, by notice in the Gazette, consents to the transfer of:
(a) rights and obligations under the contract; or
(b) rights and obligations under a class of contracts in which the contract is included.
Matters incidental to transfer
(4) The following are examples of matters incidental to the transfer of a relevant State body’s rights and obligations under a contract from the relevant State body to the Corporation:
(a) that the contract continues to have effect, after the relevant State body’s rights and obligations under the contract become rights and obligations of the Corporation, as if a reference in the contract to the relevant State body were a reference to the Corporation;
(b) that an instrument relating to the contract continues to have effect, after the relevant State body’s rights and obligations under the contract become rights and obligations of the Corporation, as if a reference in the instrument to the relevant State body were a reference to the Corporation;
(c) that the Corporation becomes the relevant State body’s successor in law, in relation to the relevant State body’s rights and obligations under the contract, immediately after the relevant State body’s rights and obligations under the contract become rights and obligations of the Corporation;
(d) if any proceedings to which the relevant State body 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;
that the Corporation is substituted for the relevant State body as a party to the proceedings to the extent to which the proceedings relate to those rights or obligations.
20F Transfer of liabilities to Corporation
(1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
(a) transfer a liability from the relevant State body to the Corporation; and
(b) provide for matters incidental to the transfer.
(2) Such a transfer may be by way of a provision under which the liability:
(a) ceases to be a liability of the relevant State body at a particular time; and
(b) becomes a liability of the Corporation at that time.
Minister must consent to transfer
(3) However, a law of New South Wales or Victoria is not effective to transfer the liability from the relevant State body to the Corporation unless the Minister, by notice in the Gazette, consents to the transfer of:
(a) the liability; or
(b) a class of liabilities in which the liability is included.
Matters incidental to transfer
(4) The following are examples of matters incidental to the transfer of a liability from the relevant State body to the Corporation:
(a) that an instrument relating to the liability continues to have effect after the liability becomes a liability of the Corporation as if a reference in the instrument to the relevant State body were a reference to the Corporation;
(b) that the Corporation becomes the relevant State body’s successor in law in relation to the liability immediately after the liability becomes a liability of the Corporation;
(c) if any proceedings to which the relevant State body 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;
that the Corporation is substituted for the relevant State body as a party to the proceedings to the extent to which the proceedings relate to the liability.
20G This Part does not authorise the imposition of taxation
This Part does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
20H Compensation—constitutional safety‑net
(1) If:
(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Part V—Staff
21 Officers and employees
(1) The Corporation may appoint such officers or engage such employees as it thinks necessary for the purposes of this Act.
(2) The terms and conditions of service or employment (in respect of matters not provided for by this Act) of persons so appointed or engaged are such as are determined by the Corporation.
(3) The Corporation may arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established by an Act, for the services of officers or employees of the Agency or of the body to be made available to the Corporation.
(4) The Governor‑General may enter into an arrangement with the Governor of a State for the services of officers or employees of the Public Service of the State or of an authority of the State to be made available to the Corporation.
(5) The Corporation may arrange for the services of an officer or employee of the Corporation to be made available to a State, an authority of a State or a local governing body.
(6) In subsection (2), “terms and conditions” include conditions with respect to the duration of service or employment or with respect to dismissal from service or employment.
Part VI—Finance
24 Moneys available to Corporation
(1) There are payable to the Corporation such moneys as are appropriated by the Parliament for the purposes of the Corporation.
(2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Corporation.
25 Grants to Corporation
The Corporation may receive financial assistance granted to it by the State of New South Wales or the State of Victoria.
26 Borrowing by Corporation
(1) The Corporation may, with the consent of the Minister:
(b) with the approval of the Finance Minister, borrow moneys from an approved bank, or any other lender, for the purposes of the Corporation in connexion with the performance of its functions; and
(c) give security over any of its assets for the purposes of paragraph (b).
(2) The Corporation shall not borrow moneys otherwise than in accordance with this section.
(3) The Finance Minister may, on behalf of the Commonwealth, guarantee the repayment of amounts borrowed in accordance with paragraph (1)(b) and the payment of interest on amounts so borrowed.
28 Application of moneys
(1) The moneys of the Corporation may be applied by the Corporation:
(a) in payment or discharge of the costs, expenses and other obligations of the Corporation under this Act (including the Winding‑up Agreement); or
(b) in payment of any remuneration or allowances payable to any person under this Act (including the Winding‑up Agreement);
but not otherwise.
(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Corporation.
31 Liability to taxation
(1) Subject to subsection (2), the Corporation is not subject to taxation under any law of the Commonwealth or of a State or Territory.
(2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
Part VII—Miscellaneous
31A Delegation by Minister
(1) The Minister may, by writing, delegate to:
(a) the Secretary of the Department; or
(c) an SES employee or acting SES employee;
all or any of the Minister’s powers under this Act (other than section 5A).
(2) The delegate is, in the exercise of the power delegated under subsection (1), subject to the directions of the Minister.
31B Delegation by Finance Minister
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 3 (definition of approved bank) or 26 to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act).
(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
34 Regulations
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
