Tasmanian Development Act 1983

Section 48(2)(c) and 49(1)(c)

Part I Transitional and Savings Provisions

1. Interpretation In this Part, former board means –

as existing, in each case, immediately before the commencement day.

the Board of Management of the Agricultural Bank of Tasmania;

the Closer Settlement Board; or

the Rural Reconstruction Board –

2. Transfer of assets, &c., of former boards to Authority

In subclause (2), property means any legal or equitable estate or interest, whether present or future and whether vested or contingent, or real or personal property of any description, and includes entitlements, powers, and privileges.

Subject to this clause, on and from the commencement day –

all property that, immediately before that day, was pursuant to a repealed Act or an Act that, after that day, is administered by the Authority, vested in or belonged to the Crown or a former board shall vest in and belong to the Authority and all responsibility for the management and control of that property shall become vested in the Authority;

all money, debts, and claims, liquidated or unliquidated, that, immediately before that day, was or were payable to, due to, or recoverable by, a former board shall be money, debts, or claims payable to, due to, or recoverable by the Authority;

all money, debts, and claims, liquidated or unliquidated, that, immediately before that day, was or were payable by, due from, or recoverable against a former board shall be money, debts, or claims payable by, due from, or recoverable against the Authority;

the Authority may enforce and realize any security existing immediately before that day in favour of a former board and exercise any powers conferred on that board as if the security were a security in favour of the Authority;

all legal proceedings pending immediately before that day which were instituted by a former board shall be deemed to be legal proceedings pending on that day which were instituted by the Authority;

all legal proceedings pending immediately before that day which were instituted by any person against a former board shall be deemed to be legal proceedings pending on that day which were instituted by that person against the Authority;

legal proceedings which could have been instituted by a former board to enforce an obligation that was required to be performed, or a right that had accrued, before that day, or to enforce an obligation required to be performed or a right that may be exercised in respect of any act, matter, or thing done or omitted to be done, may be instituted by the Authority;

legal proceedings which could have been instituted by a person against a former board to enforce an obligation that was required to be performed, or a right that had accrued, before that day, or to enforce an obligation required to be performed or a right that may be exercised in respect of any act, matter, or thing may be instituted by that person against the Authority;

any judgment or order of a court obtained by a former board and not executed or satisfied before that day shall be deemed to be a judgment or order in favour of the Authority;

any judgment or order of a court obtained by a person against a former board and not executed or satisfied before that day shall be deemed to be a judgment or order against the Authority;

any document which was addressed to, and which purported to have been served on or notified to, a former board and which, whether by virtue of this Act or otherwise, had not ceased to have effect before that day shall be deemed to have been served on or notified to the Authority; and

any document which was addressed to, and which purported to have been served on, or notified to, a person by, or on behalf of, a former board and which, whether by virtue of this Act or otherwise, had not ceased to have effect before that day shall be deemed to have been served on, or notified to, that person by the Authority.

3. References to the Agricultural Bank of Tasmania, &c. A reference in any enactment, agreement, certificate, notice, or other document to the Agricultural Bank of Tasmania, the Board of Management of the Agricultural Bank of Tasmania, the Closer Settlement Board, or the Rural Reconstruction Board shall, if that enactment, agreement, certificate, notice, or other document was subsisting or in force immediately before the commencement day, be read after that day as a reference to the Authority, and that enactment, agreement, certificate, notice, or other document shall be construed and have effect accordingly.

4. Special provisions applicable to land under Land Titles Act 1980 and Registration of Deeds Act 1935

Where any estate or interest in land under the Land Titles Act 1980 is by virtue of clause 2 vested in the Authority, the Authority shall, notwithstanding any provision of that Act to the contrary, be deemed to be the registered proprietor of that estate or interest and may deal with it accordingly.

The Recorder of Titles may register an instrument relating to an estate or interest in land referred to in subclause (1), executed by the Authority, if the instrument is in a registrable form, notwithstanding that the Authority is not recorded as the registered proprietor of that estate or interest in the Register kept under the Land Titles Act 1980.

Where any estate or interest in land to which the Registration of Deeds Act 1935 applies is, by virtue of clause 2, vested in the Authority, an instrument dealing with that estate or interest may, if executed by the Authority and if otherwise in a registrable form, be registered by the Registrar of Deeds, notwithstanding that no instrument formally vesting that estate or interest in the Authority has been registered under that Act.

5. Certain recurrent expenditure and income of Authority for 1983-1984 In respect of the period commencing on the commencement day and ending on 30th June 1984, the provisions of section 23(1)(a) and (e) and (2) do not apply to, or in relation to, any affairs or activities of the Authority that were carried on by a former board during the financial year ending on that day.

6. Financial statements and annual report for 1983-1984 Sections 29 and 41 have effect in relation to the financial statements and annual report to be prepared by the Authority in respect of the financial year ending on 30th June 1984 as if the Authority had had responsibility for the administration of each repealed Act during that financial year.

7. General saving provision Notwithstanding the repeals effected by section 49(1)(d) –

all acts, matters, and things done, or omitted to bedone, by, or done or suffered in relation to, a former board before the commencement day shall, on and after that day, have the same force and effect as if they had been done by, or suffered in relation to, the Authority; and

without limiting the generality of paragraph (a), a lease granted, certificate or notice given, register kept, agreement, determination, advance, charge, deposit, forfeiture, appointment, or payment made or security taken under a repealed Act that, immediately before the commencement day, was of force or effect shall continue in force and have effect as if granted, given, kept, made, or taken under, or for the purposes of, this Act.

8. Saving for certain guarantees by Treasurer The repeal of the State Advances Act 1935 effected by section 49(1)(d) does not disturb the effect of any guarantee that was in force immediately before the commencement day under section 14B of that Act and, notwithstanding that repeal, the provisions of that section continue to have effect in relation to that guarantee.

9. Saving for certain agreements The repeal of the Industrial Development Act 1954 effected by section 49(1)(d) does not disturb the effect of an agreement that was made under that Act or the Industries Establishment Act 1946 and that is in force immediately before the commencement day.

10. Saving for land purchased for new industries Any land that was –

shall be deemed to have been acquired under section 12 and may, if not already disposed of under this Act, be disposed of in accordance with section 14 or, if leased to a person under this Act, may, on the expiration or earlier determination of the lease, be disposed of in accordance with that section.

acquired before the commencement day for the purpose of a new industry or the establishment of new industries generally; and

immediately before that day, subject to the Industrial Development Act 1954 –

Part II Savings for State Advances Act Mortgages

1. Interpretation In this Part –

former board means – the Board of Management of the Agricultural Bank of Tasmania; or the Closer Settlement Board – as existing, in either case, immediately before the commencement day;

mortgage to which this Part applies means – a mortgage that, immediately before the commencement day, was registered in the State Advances Act Register; or a mortgage taken by a former board that, immediately before the commencement day, was in force but not registered in that register;

the repealed Act means the State Advances Act 1935;

the State Advances Act Register means the register kept by the Commissioner for Corporate Affairs under section 41 (8) of the repealed Act as existing immediately before the commencement day.

former board means –

as existing, in either case, immediately before the commencement day;

former board

the Board of Management of the Agricultural Bank of Tasmania; or

the Closer Settlement Board –

mortgage to which this Part applies means –

mortgage to which this Part applies

a mortgage that, immediately before the commencement day, was registered in the State Advances Act Register; or

a mortgage taken by a former board that, immediately before the commencement day, was in force but not registered in that register;

the repealed Act means the State Advances Act 1935;

the repealed Act

the State Advances Act Register means the register kept by the Commissioner for Corporate Affairs under section 41 (8) of the repealed Act as existing immediately before the commencement day.

the State Advances Act Register

2. Application of this Part This Part has effect notwithstanding the Bills of Sale Act 1900, the Stock, Wool, and Crop Mortgages Act 1930, and the repeal of the repealed Act effected by section 49(1)(d).

3. Saving for sections 41 to 45 (both inclusive) of State Advances Act 1935 For the purposes of this Part –

shall continue in force and be deemed to have so continued in force since the commencement day.

sections 41 to 45 (both inclusive) of, and the third Schedule to, the repealed Act; and

the State Advances Act Register –

4. Saving for wool and crop mortgages

Where a mortgage to which this Part applies was taken in respect of wool or a crop, the mortgage shall be deemed to be subject to section 41 of the repealed Act, as continued in force by virtue of this Part, and, as such, to be, and to have been since the commencement day, duly registered under that section.

Without limiting the generality of subclause (1), section 41 of the repealed Act, as continued in force by virtue of this Part, applies to, and in relation to, a re-registration of a mortgage referred to in that subclause.

5. Saving for stock mortgages Where a mortgage to which this Part applies was taken in respect of stock, the mortgage shall be deemed to be subject to the provisions of the Stock, Wool, and Crop Mortgages Act 1930 and, as such, to be, and to have been since the commencement day, duly registered under that Act.

6. General saving for State Advances Act mortgages A mortgage to which this Part applies, other than a mortgage referred to in clause 4 or 5, shall be deemed to be a bill of sale to which the provisions of the Bills of Sale Act 1900 apply and, as such, to be, and to have been since the commencement day, duly registered under that Act.

7. Saving for registrations, &c., of State Advances Act mortgages Without limiting the generality of clauses 4, 5, and 6, where a mortgage to which this Part applies purports to have been registered or re-registered under the repealed Act on or after the commencement day –

in the case of a mortgage taken in respect of wool or a crop, that registration or re-registration is deemed to have been valid and effectual as if it had been a registration or re-registration, as the case may be, of a mortgage under section 41 of the repealed Act as continued in force by virtue of this Part;

in the case of a mortgage taken in respect of stock, that registration or re-registration is deemed to have been valid and effectual as if it had been a registration or re-registration, as the case may be, of a mortgage under section 5 (1) or (2) of the Stock, Wool, and Crop Mortgages Act 1930; or

in the case of any other mortgage to which this Part applies, that registration or re-registration is deemed to have been valid and effectual as if it had been a registration or renewal of a registration, as the case may be, of a bill of sale made under section 6, 18, or 19 of the Bills of Sale Act 1900.

8. Requirement to register certain State Advances Act mortgages Where a mortgage to which this Part applies does not purport to have been registered on the commencement day or after that day and before the commencement of the Tasmanian Development Amendment Act 1985 or re-registered on that day or after that day and before that commencement, the Authority shall, on or before 1st July 1985 and in accordance with the regulations –

in the case of a mortgage taken in respect of wool or a crop, register that mortgage as a mortgage to which section 41 of the repealed Act, as continued in force by virtue of this Part, applies;

in the case of a mortgage taken in respect of stock, register that mortgage as a mortgage to which the Stock, Wool, and Crop Mortgages Act 1930 applies; or

in the case of any other mortgage to which this Part applies, register that mortgage as a bill of sale to which the Bills of Sale Act 1900 applies.

9. This Part not to apply to satisfied mortgages This Part does not apply to, or in relation to, a mortgage that was satisfied before the commencement of the Tasmanian Development Amendment Act 1985.

10. Public notification of provisions of this Part

The Commissioner for Corporate Affairs shall, within one month after the commencement of the Tasmanian Development Amendment Act 1985, give public notification in such form as he thinks fit and in accordance with subclause (2), of the provisions of this Part.

Public notification under subclause (1) shall be published in the Gazette and in each of 3 newspapers circulating generally throughout the State.

Part III Savings Provisions Relating to Development of Tourism

1. Repayment of former tourism loans Where the Authority receives money by way of repayment of a loan originally made by the Treasurer under section 20 of the Tourism Development Act 1970 or as interest on any such loan, the Authority shall pay the money to the Public Account or, if the case so requires, as the Treasurer may direct.

2. Liability under guarantees given under Tourism Act 1977 Where, immediately before the commencement of the Tourism Amendment Act 1987, a guarantee given by the Minister for Tourism under Part V of the Tourism Act 1977 was in force –

as if it had been given by the Treasurer under that section.

the contingent liability of the Minister under the guarantee is transferred to the Treasurer; and

the application of section 36(7), (8), and (9) of this Act extends to that guarantee –

3. Power of Authority to inspect facilities The Authority may at any time inspect any facility that is provided by money for the repayment of which a guarantee referred to in clause 2 is in force.

Part IV Transitional and Savings Provisions Relating to TDR

1. Interpretation In this Part–

prescribed obligations and liabilities means obligations and liabilities of the Crown arising from the administration of a TDR Act;

prescribed property means – an estate or interest in land of the Crown used in the administration of a TDR Act; or money, investments or other property of the Crown used in the administration of a TDR Act;

relevant date means the date specified in a notice under this Part as the date on which the notice takes effect.

prescribed obligations and liabilities means obligations and liabilities of the Crown arising from the administration of a TDR Act;

prescribed obligations and liabilities

prescribed property means –

prescribed property

an estate or interest in land of the Crown used in the administration of a TDR Act; or

money, investments or other property of the Crown used in the administration of a TDR Act;

relevant date means the date specified in a notice under this Part as the date on which the notice takes effect.

relevant date

2. Transfer of property, &c., to TDR

With the agreement of the Minister, the Treasurer and TDR or a subsidiary, a Minister to whom a Government department that is responsible for any prescribed property or prescribed obligations and liabilities is responsible may, by notice published in the Gazette –

transfer any of that prescribed property or those prescribed obligations and liabilities to TDR or a subsidiary; and

provide for any matter that is incidental to that transfer.

The Minister must not transfer an estate or interest in land of the Crown under this clause unless he or she has consulted with the Minister administering the Crown Lands Act 1976.

On the day specified in a notice made under subclause (1) –

the property specified in, and transferred by, the notice vests in TDR or the subsidiary; and

the prescribed obligations and liabilities specified in, and transferred by, the notice become the obligations and liabilities of TDR or the subsidiary.

A notice under subclause (1) is not a statutory rule for the purposes of the Rules Publication Act 1953.

3. Construction of instruments

This clause applies to an instrument that –

arises from the administration of a TDR Act; and

relates to prescribed obligations and liabilities or to prescribed property; and

was in force immediately before the relevant date; and

contains a reference to the Crown.

Unless the context or subject-matter of an instrument to which this clause applies otherwise indicates or requires, the instrument has effect on and from the relevant date as if –

the reference to the Crown were a reference to TDR; or

if the case so requires, the reference to the Crown included a reference to TDR.

4. Continuation of proceedings

This clause applies to legal or other proceedings relating to prescribed property or prescribed obligations and liabilities that are transferred to TDR under clause 2.

Any legal or other proceedings to which this clause applies that might, before the relevant date, have been continued or instituted by or against the Crown may, on and after that date, be continued or instituted by or against TDR.

A judgment or order of a court obtained in legal proceedings to which this clause applies where the proceedings are brought by or against the Crown may be enforced by or against TDR on or after the relevant date.

5. Powers of TDR in respect of matters arising under this Part

This clause applies to debts, money, claims, securities and charges relating to prescribed property or prescribed obligations and liabilities that are transferred to TDR under clause 2.

On and after the relevant date, TDR may, in the administration of a TDR Act –

in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of debts, money and claims to which this clause applies that are payable to, or recoverable by, the Crown and for the prosecution of proceedings relating to any such debts, money or claims as the Crown might have done but for the enactment of this clause; and

enforce and realise any security or charge to which this clause applies and which is existing immediately before the relevant date in favour of the Crown and may exercise any powers conferred under the security or charge on the Crown as if it were a security or charge in favour of TDR.

6. Contracts and agreements

This clause applies to a contract, agreement, arrangement or undertaking entered into by the Crown for the purposes of a TDR Act and which relates to prescribed property or prescribed obligations and liabilities that are transferred to TDR under clause 2.

A contract, agreement, arrangement or undertaking to which this clause applies, if not executed, discharged or otherwise terminated before the relevant date, is taken to be a contract, agreement, arrangement or undertaking entered into by TDR.

A person who is a party to a contract or agreement to which this clause applies is not entitled to terminate that contract or agreement by reason only of a transfer under this Part of any property, obligation or liability to which that contract relates.

7. Saving for directors and officers The amendments made by the Tasmanian Development Amendment Act 1995 do not affect the tenure or term of office of a director or officer of TDR and the person who held office as managing director on 30 June 1995 is taken to have been appointed as chief executive.