1Short title
This Act may be cited as the Darwin Waterfront Corporation
Act 2006.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Darwin Waterfront Corporation
Act 2006.
The Darwin Waterfront Corporation is created by this Act for the achievement of the following objects:
to develop, manage and service the Precinct for the benefit of the community;
to promote the Precinct as a place of residence and business and a venue for public events and entertainment.
In this Act:
by-laws means by-laws made under section 19.
CEO, see section 9(1).
chairperson means the person holding or occupying the office of chairperson of the Corporation mentioned in section 6(3).
committee means a committee established under section 11.
common property means:
(a) for a plan – the common property in relation to the plan as defined in section 4(1) of the Unit Titles Act 1975; and
(b) for a scheme – the common property of the scheme as defined in section 33 of the Unit Title Schemes Act 2009.
Corporation means the Darwin Waterfront Corporation established by section 5(1).
land includes:
(a) a unit, lot and common property created by registration of a plan; and
a unit and common property created by registration of a scheme.
meeting means a meeting of the Corporation held under section 33.
member means a member of the Corporation mentioned in section 6.
municipal services, see section 13.
plan means a units plan, or building development plan, as defined in section 4(1) of the Unit Titles Act 1975.
Precinct means the Darwin Waterfront Precinct specified under section 4.
promotional activities, see section 12(1)(c).
scheme means a unit title scheme as defined in section 10(1) of the Unit Title Schemes Act 2009.
staff member, see section 23(1).
unit means:
(a) for a plan – a unit of the plan as defined in section 4(1) of the Unit Titles Act 1975; and
(b) for a scheme – a unit of the scheme as defined in section 37 of the Unit Title Schemes Act 2009.
The regulations may specify the areas forming the Darwin Waterfront
Precinct.
The Darwin Waterfront Corporation is established.
The Corporation:
is a body corporate with perpetual succession; and
has a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.
All courts, judges and persons acting judicially must:
(a) take judicial notice of the common seal affixed to a document; and
presume the seal was duly affixed.
The Corporation must have a public office.
(2) The public office must be open to the public at reasonable times determined by the Corporation.
The Corporation is constituted by at least 3 but not more than
7 members appointed by the Minister.
A member holds office for the period (not exceeding 3 years) specified in the appointment.
The Minister must appoint a member (other than the CEO) to be the chairperson of the Corporation.
The Corporation:
does not represent the Territory; and
(b) does not enjoy any privileges, rights or immunities of the Crown in right of the Territory; and
is not within the shield of the Crown in right of the Territory.
The Territory may transfer the ownership or control of any of its property (whether situated in the Precinct or not) to the
Corporation.
The Corporation may transfer the ownership or control of any of its property to the Territory.
(1) The Minister must appoint a person recommended by the Corporation to be its chief executive officer (the CEO).
(2) The CEO holds office for the period and on terms and conditions as decided by the Minister.
The CEO may be a public sector employee.
(4) The CEO must, under the Corporation's directions, exercise the Corporation's powers and perform the Corporation's functions.
The CEO is a member for section 6.
(1) The Minister may terminate a member's appointment on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) The Minister must terminate a member's appointment if the member:
(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the member's remuneration for their benefit; or
(b) is convicted in Australia of an offence punishable by imprisonment for 12 months or longer; or
(c) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Corporation; or
fails to comply with section 34.
The Corporation may establish a committee for one or more of its powers or functions.
Each committee consists of 2 or more members and any other persons appointed by the Corporation.
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