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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Albury-Wodonga Development
Corporation (Abolition) Bill 2014
No. , 2014
(Finance)
A Bill for an Act to abolish the Albury-Wodonga
Development Corporation, and for related
purposes
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
i
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
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
9
Division 5--Corporation's final annual report
10
Division 6--Transitional functions and powers
11
Division 7--Other matters
11
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
1
A Bill for an Act to abolish the Albury-Wodonga
1
Development Corporation, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Albury-Wodonga Development
6
Corporation (Abolition) Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
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.
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.
3. Schedule 1,
Part 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Repeals Part 1
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Repeals
2
Albury-Wodonga Development Act 1973
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 1 Amendments
Part 2 Amendments
4
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
Part 2
--Amendments
1
Freedom of Information Act 1982
2
2 Division 1 of Part II of Schedule 2 (item dealing with the
3
Albury-Wodonga Development Corporation)
4
Repeal the item.
5
Remuneration and Allowances Act 1990
6
3 Part 3 of Schedule 2 (table item dealing with the Chair of
7
the Albury-Wodonga Development Corporation)
8
Repeal the item.
9
Urban and Regional Development (Financial Assistance) Act
10
1974
11
4 Section 3 (definition of approved body)
12
Repeal the definition, substitute:
13
approved body means a body approved under section 3A.
14
5 After section 3
15
Insert:
16
3A Approved bodies
17
(1) The Minister may, in writing, approve a body for the purposes of
18
this Act if the body is:
19
(a) an authority of a State; or
20
(b) a local governing body; or
21
(c) a body corporate constituted for purposes other than the
22
acquisition of gain by its individual members.
23
(2) An approval under subsection (1) is not a legislative instrument.
24
Amendments Schedule 1
Amendments Part 2
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
5
6 Transitional
--approved bodies
1
An approval:
2
(a) under paragraph (b) of the definition of approved body in
3
section 3 of the Urban and Regional Development (Financial
4
Assistance) Act 1974; and
5
(b) in force immediately before the commencement of this Part;
6
continues in force (and may be dealt with) as if it were an approval
7
under subsection 3A(1) of that Act as amended by this Schedule.
8
7 Subsection 6(3)
9
Repeal the subsection.
10
Schedule 1 Amendments
Part 3 Transitional provisions
6
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
Part 3
--Transitional provisions
1
Division 1
--Introduction
2
8 Definitions
3
In this Part:
4
asset means:
5
(a) any legal or equitable estate or interest in real or personal
6
property, whether actual, contingent or prospective; and
7
(b) any right, power, privilege or immunity, whether actual,
8
contingent or prospective.
9
commencement time means the commencement of Part 1 of this
10
Schedule.
11
Commonwealth entity means an individual or body exercising powers
12
or performing functions under a law of the Commonwealth.
13
Corporation means the Albury-Wodonga Development Corporation.
14
instrument includes:
15
(a) a contract, deed, undertaking, arrangement or agreement; and
16
(b) a notice, authority, order or instruction; and
17
(c) an instrument made under an Act or legislative instrument
18
(within the meaning of the Legislative Instruments Act 2003).
19
land means any legal or equitable estate or interest in real property,
20
whether actual, contingent or prospective.
21
liability means any liability, duty or obligation, whether actual,
22
contingent or prospective.
23
Secretary means the Secretary of the Department.
24
Division 2
--Transfer of assets and liabilities
25
9 Assets
26
(1)
This item applies to the assets of the Corporation immediately before
27
the commencement time.
28
(2)
At the commencement time, the assets cease to be assets of the
29
Corporation and become assets of the Commonwealth without any
30
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
7
conveyance, transfer or assignment. The Commonwealth becomes the
1
successor in law in relation to the assets.
2
10 Liabilities
3
(1)
This item applies to the liabilities of the Corporation immediately
4
before the commencement time.
5
(2)
At the commencement time, the liabilities cease to be liabilities of the
6
Corporation and become liabilities of the Commonwealth without any
7
conveyance, transfer or assignment. The Commonwealth becomes the
8
successor in law in relation to the liabilities.
9
11 Transfers of land may be registered
10
(1)
If any land vests in the Commonwealth under this Division and the
11
Minister signs a certificate that:
12
(a) identifies the land, whether by reference to a map or
13
otherwise; and
14
(b) states that the land has become vested in the Commonwealth
15
under this Division; and
16
(c) is lodged with the Registrar of Titles or other proper officer
17
of the State or Territory in which the land is situated;
18
the Registrar or other officer may:
19
(d) register the matter in a way that is the same as, or similar to,
20
the way in which dealings in land of that kind are registered;
21
and
22
(e) deal with, and give effect to, the certificate.
23
(2)
A certificate under subitem (1) is not a legislative instrument.
24
12 Certificates relating to vesting of assets other than land
25
(1)
If an asset other than land vests in the Commonwealth under this
26
Division and the Minister signs a certificate that:
27
(a) identifies the asset; and
28
(b) states that the asset has become vested in the Commonwealth
29
under this Division; and
30
(c) is lodged with the person or authority who, under a law of the
31
Commonwealth, a State or a Territory, under a trust
32
instrument or otherwise, has responsibility for keeping a
33
register in relation to assets of that kind;
34
Schedule 1 Amendments
Part 3 Transitional provisions
8
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
the person or authority may:
1
(d) deal with, and give effect to, the certificate as if it were a
2
proper and appropriate instrument for transactions in relation
3
to assets of that kind; and
4
(e) make such entries in the register as are necessary, having
5
regard to the effect of this Division.
6
(2)
A certificate under subitem (1) is not a legislative instrument.
7
Division 3
--Transfer of other matters
8
13 Acts of Corporation to be attributed to the Commonwealth
9
Anything done by, or in relation to, the Corporation before the
10
commencement time has effect, at and after that time, as if it had been
11
done by, or in relation to, the Commonwealth.
12
14 Substitution of the Commonwealth as a party to certain
13
pending proceedings
14
If, immediately before the commencement time, the Corporation was a
15
party to proceedings pending in any court or tribunal, the
16
Commonwealth is substituted for the Corporation as a party to the
17
proceedings at and after that time.
18
15 Transfer of records to the Department
19
Any records or documents that were in the possession of the
20
Corporation immediately before the commencement time are to be
21
transferred to the Department after the commencement time.
22
Note:
The records and documents are Commonwealth records for the purposes of the Archives
23
Act 1983.
24
16 Transfer of pending investigations
25
If:
26
(a) before the commencement time, a complaint was made to a
27
Commonwealth entity, or a Commonwealth entity began an
28
investigation, under a law of the Commonwealth in relation
29
to an action taken by the Corporation; and
30
(b) immediately before the commencement time, the
31
Commonwealth entity had not finally disposed of the matter
32
in accordance with that law;
33
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
9
that law applies after the commencement time as if that action had been
1
taken by the Department.
2
17 References in certain instruments to Corporation
3
(1)
If:
4
(a) an instrument was in force immediately before the
5
commencement time; and
6
(b) the instrument refers to the Corporation;
7
the reference has effect after the commencement time as if it were a
8
reference to the Commonwealth.
9
(2)
Subitem (1) does not apply to a reference in:
10
(a) an Act or regulations; or
11
(b) an instrument made under this Part; or
12
(c) an instrument that is part of, or associated with, a register
13
referred to in item 11 or 12; or
14
(d) the Winding-up Agreement (within the meaning of the
15
Albury-Wodonga Development Act 1973, as in force
16
immediately before the commencement time); or
17
(e) an instrument made under that Agreement or under the
18
Albury-Wodonga Development Act 1973; or
19
(f) an instrument specified in an instrument under subitem (3).
20
(3)
The Minister may, by legislative instrument, specify one or more
21
instruments for the purposes of paragraph (2)(f).
22
Division 4
--Corporation's staff
23
18 No transfer of staff under this Part
24
Nothing in this Part produces the result that the appointment,
25
engagement or employment of any of the following persons:
26
(a) a member of the Corporation;
27
(b) the chief executive officer of the Corporation;
28
(c) an officer or employee of the Corporation;
29
(d) a consultant engaged by the Corporation;
30
has effect as if it were an appointment, engagement or employment of
31
the person in relation to the Commonwealth.
32
Schedule 1 Amendments
Part 3 Transitional provisions
10
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
Division 5
--Corporation's final annual report
1
19 Final annual report
2
(1)
The Secretary must prepare and give to the Minister, for presentation to
3
the Parliament, a report (the final report) on the Corporation's activities
4
during the final reporting period.
5
(2)
Sections 39 and 43 of the Public Governance, Performance and
6
Accountability Act 2013 apply to the final report in a corresponding way
7
to the way those sections apply to an annual report.
8
(3)
The Secretary may include the final report in the Department's annual
9
report for the period that includes the last day of the final reporting
10
period.
11
(4)
If the Secretary does not include the final report in that annual report for
12
the Department, then:
13
(a) the Secretary must give the final report to the Minister within
14
3 months after the end of the final reporting period; and
15
(b) the Minister must table the final report in each House of the
16
Parliament as soon as practicable; and
17
(c) the Secretary must publish the final report on the
18
Department's website as soon as practicable after the final
19
report is tabled in the House of Representatives.
20
(5)
The Minister may extend the period referred to in paragraph (4)(a) if the
21
Minister is satisfied that special circumstances exist.
22
(6)
In this item:
23
annual report means a report under section 46 of the Public
24
Governance, Performance and Accountability Act 2013.
25
final reporting period means the period:
26
(a) beginning at:
27
(i) if, immediately before the commencement time, no
28
annual report for the Corporation has been given to the
29
Minister for the most recent reporting period that ended
30
before the commencement time--the start of that
31
reporting period; or
32
(ii) otherwise--the start of the reporting period that
33
includes the commencement time; and
34
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Albury-Wodonga Development Corporation (Abolition) Bill 2014
11
(b) ending immediately before the commencement time.
1
reporting period means a reporting period (within the meaning of the
2
Public Governance, Performance and Accountability Act 2013) for the
3
Corporation.
4
Division 6
--Transitional functions and powers
5
20 Transitional functions and powers
6
(1)
The Commonwealth may, for the purposes of facilitating the
7
winding-up of the joint Commonwealth/State scheme or for purposes
8
consequential to the operation of this Schedule:
9
(a) dispose of the assets that vest in the Commonwealth under
10
Division 2; and
11
(b) do all things necessary or convenient to be done for or in
12
connection with paragraph (a), including:
13
(i) entering into contracts and arrangements; and
14
(ii) constructing buildings and works, and carrying on
15
services, whether directly or indirectly.
16
(2)
This item does not limit what the Commonwealth may do with, or in
17
relation to, those assets.
18
(3)
In this item, joint Commonwealth/State scheme has the same meaning
19
as in the Albury-Wodonga Development Act 1973 (as in force
20
immediately before the commencement time).
21
Division 7
--Other matters
22
21 Exemption from stamp duty and other State or Territory
23
taxes
24
No stamp duty or other tax is payable under a law of a State or a
25
Territory in respect of the following, or anything connected with the
26
following:
27
(a) the vesting of an asset or liability under this Part;
28
(b) the operation of this Schedule in any other respect.
29
22 Certificates taken to be authentic
30
A document that appears to be a certificate made or issued under a
31
particular provision of this Part:
32
Schedule 1 Amendments
Part 3 Transitional provisions
12
Albury-Wodonga Development Corporation (Abolition) Bill 2014
No. , 2014
(a) is taken to be such a certificate; and
1
(b) is taken to have been properly given;
2
unless the contrary is established.
3
23 Delegation by Minister
4
(1)
The Minister may, by writing, delegate all or any of his or her powers
5
and functions under this Part to:
6
(a) the Secretary of the Department; or
7
(b) an SES employee, or acting SES employee, in the
8
Department.
9
(2)
In exercising powers or functions under a delegation, the delegate must
10
comply with any directions of the Minister.
11
24 Compensation for acquisition of property
12
(1)
If the operation of this Schedule would result in an acquisition of
13
property (within the meaning of paragraph 51(xxxi) of the Constitution)
14
from a person otherwise than on just terms (within the meaning of that
15
paragraph), the Commonwealth is liable to pay a reasonable amount of
16
compensation to the person.
17
(2)
If the Commonwealth and the person do not agree on the amount of the
18
compensation, the person may institute proceedings in the Federal Court
19
of Australia for the recovery from the Commonwealth of such
20
reasonable amount of compensation as the court determines.
21
25 Transitional rules
22
The Minister may, by legislative instrument, make rules prescribing
23
matters of a transitional nature (including prescribing any saving or
24
application provisions) relating to the amendments or repeals made by
25
this Schedule.
26