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Act No. 117 of 2014 as amended, taking into account amendments up to Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015
An Act to abolish the Albury-Wodonga Development Corporation, and for related purposes
Administered by: Finance
Registered 07 Mar 2016
Start Date 05 Mar 2016
Table of contents.

Albury‑Wodonga Development Corporation (Abolition) Act 2014

No. 117, 2014

Compilation No. 1

Compilation date:                              5 March 2016

Includes amendments up to:            Act No. 126, 2015

Registered:                                         7 March 2016

 

About this compilation

This compilation

This is a compilation of the Albury-Wodonga Development Corporation (Abolition) Act 2014 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1  Short title........................................................................................................ 1

2  Commencement.............................................................................................. 1

3  Schedules....................................................................................................... 2

Schedule 1—Amendments                                                                        3

Part 1—Repeals                                                                                   3

Albury‑Wodonga Development Act 1973                                                               3

Part 2—Amendments                                                                          4

Freedom of Information Act 1982                                                                            4

Remuneration and Allowances Act 1990                                                               4

Urban and Regional Development (Financial Assistance) Act 1974               4

3A  Approved bodies......................................................................................... 4

Part 3—Transitional provisions                                                            6

Division 1—Introduction                                                                                           6

Division 2—Transfer of assets and liabilities                                                         6

Division 3—Transfer of other matters                                                                     8

Division 4—Corporation’s staff                                                                             10

Division 5—Corporation’s final annual report                                                    10

Division 6—Transitional functions and powers                                                  11

Division 7—Other matters                                                                                       12

Endnotes                                                                                                  14

Endnote 1—About the endnotes                                                        14

Endnote 2—Abbreviation key                                                           16

Endnote 3—Legislation history                                                         17

Endnote 4—Amendment history                                                       18

 


An Act to abolish the Albury‑Wodonga Development Corporation, and for related purposes

1  Short title

                   This Act may be cited as the Albury‑Wodonga Development Corporation (Abolition) Act 2014.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

11 November 2014

2.  Schedule 1, Parts 1 and 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the later of:

(a) the day after the end of that period; and

(b) 1 July 2015.

1 January 2015

(F2014L01614)

3.  Schedule 1, Part 3

The day after this Act receives the Royal Assent.

12 November 2014

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1Amendments

Part 1Repeals

Albury‑Wodonga Development Act 1973

1  The whole of the Act

Repeal the Act.

Part 2Amendments

Freedom of Information Act 1982

2  Division 1 of Part II of Schedule 2 (item dealing with the Albury‑Wodonga Development Corporation)

Repeal the item.

Remuneration and Allowances Act 1990

3  Part 3 of Schedule 2 (table item dealing with the Chair of the Albury‑Wodonga Development Corporation)

Repeal the item.

Urban and Regional Development (Financial Assistance) Act 1974

4  Section 3 (definition of approved body)

Repeal the definition, substitute:

approved body means a body approved under section 3A.

5  After section 3

Insert:

3A  Approved bodies

             (1)  The Minister may, in writing, approve a body for the purposes of this Act if the body is:

                     (a)  an authority of a State; or

                     (b)  a local governing body; or

                     (c)  a body corporate constituted for purposes other than the acquisition of gain by its individual members.

             (2)  An approval under subsection (1) is not a legislative instrument.

6  Transitional—approved bodies

An approval:

                     (a)  under paragraph (b) of the definition of approved body in section 3 of the Urban and Regional Development (Financial Assistance) Act 1974; and

                     (b)  in force immediately before the commencement of this Part;

continues in force (and may be dealt with) as if it were an approval under subsection 3A(1) of that Act as amended by this Schedule.

7  Subsection 6(3)

Repeal the subsection.

Part 3Transitional provisions

Division 1—Introduction

8  Definitions

In this Part:

asset means:

                     (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.

commencement time means the commencement of Part 1 of this Schedule.

Commonwealth entity means an individual or body exercising powers or performing functions under a law of the Commonwealth.

Corporation means the Albury‑Wodonga Development Corporation.

instrument includes:

                     (a)  a contract, deed, undertaking, arrangement or agreement; and

                     (b)  a notice, authority, order or instruction; and

                     (c)  an instrument made under an Act or legislative instrument.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

Secretary means the Secretary of the Department.

Division 2—Transfer of assets and liabilities

9  Assets

(1)       This item applies to the assets of the Corporation immediately before the commencement time.

(2)       At the commencement time, the assets cease to be assets of the Corporation and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the assets.

10  Liabilities

(1)       This item applies to the liabilities of the Corporation immediately before the commencement time.

(2)       At the commencement time, the liabilities cease to be liabilities of the Corporation and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the liabilities.

11  Transfers of land may be registered

(1)       If any land vests in the Commonwealth under this Division and the Minister signs a certificate that:

                     (a)  identifies the land, whether by reference to a map or otherwise; and

                     (b)  states that the land has become vested in the Commonwealth under this Division; and

                     (c)  is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the Registrar or other officer may:

                     (d)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (e)  deal with, and give effect to, the certificate.

(2)       A certificate under subitem (1) is not a legislative instrument.

12  Certificates relating to vesting of assets other than land

(1)       If an asset other than land vests in the Commonwealth under this Division and the Minister signs a certificate that:

                     (a)  identifies the asset; and

                     (b)  states that the asset has become vested in the Commonwealth under this Division; and

                     (c)  is lodged with the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of that kind;

the person or authority may:

                     (d)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (e)  make such entries in the register as are necessary, having regard to the effect of this Division.

(2)       A certificate under subitem (1) is not a legislative instrument.

Division 3—Transfer of other matters

13  Acts of Corporation to be attributed to the Commonwealth

Anything done by, or in relation to, the Corporation before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Commonwealth.

14  Substitution of the Commonwealth as a party to certain pending proceedings

If, immediately before the commencement time, the Corporation was a party to proceedings pending in any court or tribunal, the Commonwealth is substituted for the Corporation as a party to the proceedings at and after that time.

15  Transfer of records to the Department

Any records or documents that were in the possession of the Corporation immediately before the commencement time are to be transferred to the Department after the commencement time.

Note:       The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

16  Transfer of pending investigations

If:

                     (a)  before the commencement time, a complaint was made to a Commonwealth entity, or a Commonwealth entity began an investigation, under a law of the Commonwealth in relation to an action taken by the Corporation; and

                     (b)  immediately before the commencement time, the Commonwealth entity had not finally disposed of the matter in accordance with that law;

that law applies after the commencement time as if that action had been taken by the Department.

17  References in certain instruments to Corporation

(1)       If:

                     (a)  an instrument was in force immediately before the commencement time; and

                     (b)  the instrument refers to the Corporation;

the reference has effect after the commencement time as if it were a reference to the Commonwealth.

(2)       Subitem (1) does not apply to a reference in:

                     (a)  an Act or regulations; or

                     (b)  an instrument made under this Part; or

                     (c)  an instrument that is part of, or associated with, a register referred to in item 11 or 12; or

                     (d)  the Winding‑up Agreement (within the meaning of the Albury‑Wodonga Development Act 1973, as in force immediately before the commencement time); or

                     (e)  an instrument made under that Agreement or under the Albury‑Wodonga Development Act 1973; or

                      (f)  an instrument specified in an instrument under subitem (3).

(3)       The Minister may, by legislative instrument, specify one or more instruments for the purposes of paragraph (2)(f).

Division 4—Corporation’s staff

18  No transfer of staff under this Part

Nothing in this Part produces the result that the appointment, engagement or employment of any of the following persons:

                     (a)  a member of the Corporation;

                     (b)  the chief executive officer of the Corporation;

                     (c)  an officer or employee of the Corporation;

                     (d)  a consultant engaged by the Corporation;

has effect as if it were an appointment, engagement or employment of the person in relation to the Commonwealth.

Division 5—Corporation’s final annual report

19  Final annual report

(1)       The Secretary must prepare and give to the Minister, for presentation to the Parliament, a report (the final report) on the Corporation’s activities during the final reporting period.

(2)       Sections 39 and 43 of the Public Governance, Performance and Accountability Act 2013 apply to the final report in a corresponding way to the way those sections apply to an annual report.

(3)       The Secretary may include the final report in the Department’s annual report for the period that includes the last day of the final reporting period.

(4)       If the Secretary does not include the final report in that annual report for the Department, then:

                     (a)  the Secretary must give the final report to the Minister within 3 months after the end of the final reporting period; and

                     (b)  the Minister must table the final report in each House of the Parliament as soon as practicable; and

                     (c)  the Secretary must publish the final report on the Department’s website as soon as practicable after the final report is tabled in the House of Representatives.

(5)       The Minister may extend the period referred to in paragraph (4)(a) if the Minister is satisfied that special circumstances exist.

(6)       In this item:

annual report means a report under section 46 of the Public Governance, Performance and Accountability Act 2013.

final reporting period means the period:

                     (a)  beginning at:

                              (i)  if, immediately before the commencement time, no annual report for the Corporation has been given to the Minister for the most recent reporting period that ended before the commencement time—the start of that reporting period; or

                             (ii)  otherwise—the start of the reporting period that includes the commencement time; and

                     (b)  ending immediately before the commencement time.

reporting period means a reporting period (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the Corporation.

Division 6—Transitional functions and powers

20  Transitional functions and powers

(1)       The Commonwealth may, for the purposes of facilitating the winding‑up of the joint Commonwealth/State scheme or for purposes consequential to the operation of this Schedule:

                     (a)  dispose of the assets that vest in the Commonwealth under Division 2; and

                     (b)  do all things necessary or convenient to be done for or in connection with paragraph (a), including:

                              (i)  entering into contracts and arrangements; and

                             (ii)  constructing buildings and works, and carrying on services, whether directly or indirectly.

(2)       This item does not limit what the Commonwealth may do with, or in relation to, those assets.

(3)       In this item, joint Commonwealth/State scheme has the same meaning as in the Albury‑Wodonga Development Act 1973 (as in force immediately before the commencement time).

Division 7—Other matters

21  Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or a Territory in respect of the following, or anything connected with the following:

                     (a)  the vesting of an asset or liability under this Part;

                     (b)  the operation of this Schedule in any other respect.

22  Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

23  Delegation by Minister

(1)       The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

(2)       In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

24  Compensation for acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(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.

25  Transitional rules

The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

 

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Albury‑Wodonga Development Corporation (Abolition) Act 2014

117, 2014

11 Nov 2014

Sch 1 (items 1–7): 1 Jan 2015 (s 2(1) item 2)
Sch 1 (items 8–25): 12 Nov 2014 (s 2(1) item 3)
Remainder: 11 Nov 2014 (s 2(1) item 1)

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 17): 5 Mar 2016 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1

 

Part 3

 

item 8................................

am No 126, 2015