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TASMANIA
__________
TASMANIAN INTERNATIONAL VELODROME
MANAGEMENT AUTHORITY (WINDING-UP)
BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Extension of appointment of Board member
5. Extension of appointment of chief executive officer
6. Continuation of employment of operations manager
7. Transfer of assets and liabilities to Crown
8. Contracts
9. Construction of documents
10. Legal proceedings and related matters
11. Regulations
12. Administration of Act
13. Consequential Amendments
14. Legislation repealed
Schedule 1 - Consequential Amendments
Schedule 2 - Legislation repealed
[Bill 51]-X
2
TASMANIAN INTERNATIONAL VELODROME
MANAGEMENT AUTHORITY (WINDING-UP)
BILL 2006
(Brought in by the Minister for Community Development, the
Honourable Michelle Anne O'Byrne)
A BILL FOR
An Act to wind up the Tasmanian International
Velodrome Management Authority, repeal the Tasmanian
International Velodrome Management Authority Act 1984
and consequentially amend the Government Business
Enterprises Act 1995 and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Tasmanian
International Velodrome Management Authority
(Winding-up) Act 2006.
2. Commencement
(1) Sections 1, 3, 4, 5, 6, 11 and 12 and this section
commence on the day on which this Act receives
the Royal Assent, but if this Act does not receive
the Royal Assent by 30 December 2006 those
sections are taken to have commenced on 30
December 2006.
[Bill 51] 3
Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 3
(2) The remaining provisions of this Act commence
on a day to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears -
"asset" includes any, and any part of any,
property, business, operation and right;
"Authority" means the Tasmanian
International Velodrome Management
Authority established by the Repealed
Act;
"Board" means the Board of Directors of the
Authority established under the
Government Business Enterprises Act
1995;
"Board member" means the chairperson of
the Board, or other director of the Board,
appointed under section 11 of the
Government Business Enterprises Act
1995 who holds that office on
2 January 2007;
"chief executive officer" means the chief
executive officer of the Authority
appointed under section 18(2) of the
Government Business Enterprises Act
1995 who holds that office on
31 December 2006;
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 4
"liability" includes any, or any part of any,
liability, duty and obligation, whether
actual, contingent or prospective;
"operations manager" means the operations
manager of the Authority appointed
under section 21(1) of the Government
Business Enterprises Act 1995 for the
period of 3 years commencing on
1 July 2004;
"repeal day" means the day fixed by
proclamation under section 2(2);
"Repealed Act" means the Tasmanian
International Velodrome Management
Authority Act 1984 as in force
immediately before the wind-up day;
"Secretary" means the Secretary of the
responsible Department in relation to the
Tasmanian Development Act 1983 or his
or her nominee;
"wind-up day" means the day before the day
fixed by proclamation under section 2(2).
4. Extension of appointment of Board member
The appointment under section 11 of the
Government Business Enterprises Act 1995 of a
Board member continues in force until the end of
the wind-up day or 30 June 2007, whichever
occurs first.
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 5
5. Extension of appointment of chief executive officer
(1) The appointment under section 18(2) of the
Government Business Enterprises Act 1995 of
the chief executive officer continues in force
until the end of the wind-up day or
30 June 2007, whichever occurs first, unless the
appointment is sooner terminated in accordance
with the terms of the appointment.
(2) The chief executive officer is not entitled to
receive a payment in relation to the expiration of
the appointment as chief executive officer under
subsection (1) at the end of the wind-up day or
30 June 2007.
6. Continuation of employment of operations manager
(1) If the wind-up day ends before the contract of
employment of the operations manager ends -
(a) that contract continues until it expires in
accordance with its terms, unless sooner
terminated in accordance with its terms;
and
(b) after the wind-up day -
(i) a reference in that contract to the
Authority is taken to be a
reference to the Crown; and
(ii) a reference in that contract to the
chief executive officer of the
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 7
Authority is taken to be a
reference to the Secretary.
(2) After the wind-up day, the Retirement Benefits
Act 1993 continues to apply to the operations
manager until his contract of employment
expires or is terminated in accordance with the
terms of the contract.
7. Transfer of assets and liabilities to Crown
(1) In this section -
"State tax" means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
(c) a charge.
(2) On the repeal day -
(a) the assets of the Authority vest in the
Crown; and
(b) the liabilities of the Authority become
the liabilities of the Crown.
(3) State tax is not payable in respect of any
document prepared, or transfer or transaction
done, to give effect to subsection (2).
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 8
8. Contracts
(1) In this section -
"contract" means a contract, agreement,
arrangement or undertaking, or part of a
contract, agreement, arrangement or
undertaking, but does not include a
contract of employment.
(2) A contract made or entered into by the
Authority, but not performed, executed,
discharged or otherwise terminated, before the
repeal day is taken to be a contract made or
entered into by the Crown.
(3) A party to a contract referred to in subsection (2)
is not entitled, by reason only of the operation of
this Act -
(a) to terminate that contract; or
(b) to claim that there has been a breach or
default of contract; or
(c) to claim any remedy.
9. Construction of documents
(1) In this section -
"document" means a document, or part of a
document -
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 10
(a) that was in force immediately
before the repeal day; and
(b) in which there is a reference to
the Authority; and
(c) that relates to an asset or liability
of the Authority.
(2) Unless the context or subject matter of a
document requires otherwise, on and after the
repeal day -
(a) a reference in the document to the
Authority is taken, where appropriate, to
be or to include a reference to the Crown;
and
(b) a reference in the document to the chief
executive officer of the Authority is
taken, where appropriate, to be or to
include a reference to the Secretary.
10. Legal proceedings and related matters
On and after the repeal day -
(a) any legal or other proceedings instituted
by or against the Authority before, and
pending on, the repeal day may be
continued by or against the Crown; and
(b) any legal or other proceedings that,
immediately before the repeal day, could
have been instituted by or against the
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 11
Authority may be instituted by or against
the Crown; and
(c) a judgment or order of a court obtained
before the repeal day by or against the
Authority may be enforced by or against
the Crown; and
(d) a document relating to legal or other
proceedings that has been served on or
by the Authority is taken, where
appropriate, to have been served on or by
the Crown.
11. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
(3) Regulations made under subsection (2) may take
effect on the day on which this section
commences or a later day as specified in the
regulations, whether the day so specified is
before, on or after the day on which the
regulations are made.
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
s. 12
12. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Community
Development; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Economic Development.
13. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
14. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
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Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 13
Government Business Enterprises Act 1995
1. Schedule 1 is amended by omitting
Tasmanian International Velodrome Management Authority
from Part 1.
2. Schedule 2 is amended by omitting
Tasmanian International Velodrome Authority
3. Schedule 3 is amended by omitting
Tasmanian International Velodrome Authority
4. Schedule 4 is amended by omitting
Tasmanian International Velodrome Authority
12
Tasmanian International Velodrome Management Authority
(Winding-up) Act 2006
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION REPEALED
Section 14
Tasmanian International Velodrome Management Authority
Act 1984 (No. 71 of 1984)
Government Printer, Tasmania 13