Tasmanian Development Act 1983

the Board of Management of the Agricultural Bank of Tasmania;

the Closer Settlement Board; or

the Rural Reconstruction Board –

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all property that, immediately before that day, was pursuant to a repealed Act or an Act that, after that day, is administered by the Authority, vested in or belonged to the Crown or a former board shall vest in and belong to the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.

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.

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.

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 –

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

the Closer Settlement Board –

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;

sections 41 to 45 (both inclusive) of, and the third Schedule to, the repealed Act; and

the State Advances Act Register –

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.

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.

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.

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.

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 –

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;

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.

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.

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.

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.

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.