Tourism Tasmania Act 1996

Section 56

1. Interpretation In this Schedule –

Department means the Department responsible, immediately before the commencement day, to the Minister for Tourism in relation to the Repealed Act;

Director means the Director of Tourism appointed under the Repealed Act;

Repealed Act means the Tourism Act 1977.

Department means the Department responsible, immediately before the commencement day, to the Minister for Tourism in relation to the Repealed Act;

Department

Director means the Director of Tourism appointed under the Repealed Act;

Director

Repealed Act means the Tourism Act 1977.

Repealed Act

2. Initial chief executive officer On the commencement day the Director becomes the chief executive officer of the Authority and, on and after that day –

the Director is taken to have been appointed under section 17 as chief executive officer; and

the Director's contracts of employment, appointment or employment and appointment under the Tasmanian State Service Act 1984 and the Repealed Act to the positions of Secretary of the Department and Director are taken to be an appointment made under section 17.

3. Initial employees

On the commencement day a person, other than the Director, who was appointed or employed immediately before that day under section 29, 34 or 38 of the Tasmanian State Service Act 1984 for the purposes of the Repealed Act continues to be appointed or employed under that section of that Act and, on and after that day that person is taken to have been appointed or employed under that section for the purposes of this Act.

On the commencement day the services of persons which were obtained under section 11 of the Repealed Act and which are being used for the purposes of that Act immediately before that day continue to be used –

where the person is not an employee within the meaning of the Tasmanian State Service Act 1984, as if the person had been employed or engaged under section 23(2) of this Act; or

where the person is an employee within the meaning of that Act, the person had been made available to the Authority pursuant to section 23(4) of this Act.

4. Funds Funds standing to the credit of the Department or the Director immediately before the commencement day are taken to stand to the credit of the Authority.

5. Bank, credit union and building society accounts A bank, credit union or building society account maintained in the name of the Department or the Director immediately before the commencement day is taken to be maintained in the name of the Authority.

6. Money claims

All money, debts and claims, liquidated or unliquidated, that are payable by, due from or recoverable against the Department or the Director immediately before the commencement day are payable by, due from or recoverable against the Authority.

All money, debts and claims, liquidated or unliquidated, that are payable to, due to or recoverable by the Department or the Director immediately before the commencement day are payable to, due to or recoverable by the Authority.

7. Transfer of Crown land

Within 2 years after the commencement day, the Governor may declare, by proclamation, that the Crown land specified in the proclamation vests in the Authority if –

the Minister and the Treasurer have jointly recommended the transfer of the Crown land to the Authority; and

the Authority has agreed to the transfer.

The Minister and Treasurer must not make a recommendation under subclause (1) unless they have consulted with the Minister administering the Crown Lands Act 1976.

On the notification in the Gazette of the making of a proclamation under subclause (1), the Crown land specified in the proclamation vests in the Authority either absolutely and free from all encumbrances or subject to an estate or interest in land of a person, as specified in the proclamation.

A proclamation under subclause (1) may specify that the Authority is liable to make compensation (whether by assumption of liabilities or otherwise) in respect of the transfer of the Crown land.

The Authority must pay compensation to a person if –

that person had an estate or interest in Crown land immediately before that Crown land is vested in the Authority by reason of subclause (3); and

that Crown land is so vested in the Authority free from the encumbrance of that estate or interest.

Compensation is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993.

On the recommendation of the Minister, the Treasurer may, by order, exempt the Authority from any liability to pay all or any State charges as specified in the order in respect of the vesting of land in it under this clause.

8. Transfer of property other than Crown land

In this clause –

transfer day means the day specified in an order made under subclause (2) on which any property, right, liability or obligation vests in or is transferred to the Authority;

transferred property means any property, right, liability or obligation specified in an order made under subclause (2) and vested in or transferred to the Authority.

transfer day means the day specified in an order made under subclause (2) on which any property, right, liability or obligation vests in or is transferred to the Authority;

transfer day

transferred property means any property, right, liability or obligation specified in an order made under subclause (2) and vested in or transferred to the Authority.

transferred property

Within 2 years after the commencement day and with the agreement of the Minister, the Treasurer and the Authority, a Minister to whom a Government department that is responsible for the property, rights, liabilities and obligations of the Crown is responsible may, by order –

transfer any of that property (other than Crown land) or those rights, liabilities and obligations to the Authority; and

provide for any matter that is incidental to that transfer.

A transfer referred to in subclause (2) may be made for valuable consideration or otherwise.

On the day specified in an order made under subclause (2) –

the property (other than Crown land) and rights specified in, and transferred by, the order vest in the Authority; and

the liabilities and obligations specified in, and transferred by, the order become the liabilities and obligations of the Authority.

Except as otherwise provided in an order made under subclause (2), on and after the transfer day –

any legal proceedings pending immediately before the transfer day and which were instituted by or against the Crown or a statutory authority in respect of the transferred property may be continued by or against the Authority; and

any legal proceedings by or against the Crown or a statutory authority in respect of the transferred property to enforce a right that had accrued, and was in existence, immediately before the transfer day may be commenced by or against the Authority; and

a judgment or order of a court obtained before the transfer day by or against the Crown or a statutory authority in respect of the transferred property may be enforced by or against the Authority; and

a document addressed to the Crown or a statutory authority in respect of the transferred property may be served on the Authority; and

a contract made or entered into by the Crown or a statutory authority in respect of the transferred property before the transfer day but not performed or discharged before that day is taken to have been made or entered into by the Authority.

If a Minister transfers any property, right, liability or obligation of a statutory authority to the Authority under subclause (2), that property, right, liability or obligation is to be taken to have been vested in, or to have belonged to, the Crown immediately before the transfer day.

A person who is a party to a contract is not entitled to terminate that contract by reason only of the transfer, under an order made under subclause (2), of any property, right, liability or obligation to which that contract relates.

On the recommendation of the Minister, the Treasurer may, by order, exempt the Authority from any liability to pay all or any State charges, as specified in the order, in respect of the transfer of any property, right, liability or obligation under this clause.

9. Legal matters

Any legal proceedings instituted by or against the Crown in respect of anything done or omitted by the Department, or the Director, which are pending immediately before the commencement day may be continued by or against the Authority.

Legal proceedings by or against the Crown in respect of anything done or omitted by the Department, or the Director, to enforce a right that had accrued, and was in existence, immediately before the commencement day may be commenced by or against the Authority.

A judgment or order of a court obtained by or against the Crown in respect of anything done or omitted by the Department, or the Director, may be enforced by or against the Authority.

A document addressed to the Department, the Crown in respect of the Department or the Director may be served on the Authority.

A contract made or entered into by the Crown in respect of anything done or omitted by the Department, or the Director, but not performed or discharged before the commencement day is taken, on and after that day, to have been made or entered into by the Authority.

10. Authorisation to use prohibited expression An authorisation given under section 23(1) of the Repealed Act to trade, or carry on business, under, or in any way use in connection with any trade or business or on any business premises, a name containing an expression specified in that section is taken to be a permission given under section 44(1) of this Act.

11. References to Department and Director

A reference in any Act or other document to the Department or the Department of Tourism is taken to be a reference to Tourism Tasmania.

A reference in any Act or other document to the Director is taken to be a reference to the chief executive officer.