1Purposes

The main purposes of this Act are—

(a)

to repeal the Albury-Wodonga Agreement Act 1973 and the Wodonga Area Land Acquisition Act 1973; and

(b)

to dissolve the Albury-Wodonga (Victoria) Corporation established under the Albury-Wodonga Agreement Act 1973; and

(c)

to provide for the transfer of the assets, contractual rights and obligations, and liabilities of that Corporation to the Albury-Wodonga Development Corporation established under the Albury-Wodonga Development Act 1973 of the Commonwealth; and

(d)

to provide for the winding-up agreement between Victoria and New South Wales and the Commonwealth for those purposes.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Interpretation

(1)

In this Act—

asset has the same meaning as in the Commonwealth Act;

Commonwealth Act means the Albury-Wodonga Development Act 1973 of the Commonwealth;

Commonwealth Minister means the Minister for the time being administering the Commonwealth Act;

contract has the same meaning as in section 20C of the Commonwealth Act;

Corporation means the Albury-Wodonga (Victoria) Corporation established under section 7 of the Albury-Wodonga Agreement Act 1973;

Development Corporation means the Albury-Wodonga Development Corporation established by the Commonwealth Act;

development covenant means a covenant entered into under section 15A(2) of the Albury-Wodonga Agreement Act 1973;

instrument has the same meaning as in section 20C of the Commonwealth Act;

liability has the same meaning as in the Commonwealth Act;

transfer day, in relation to an asset, right or obligation under a contract, or liability, of the Corporation, means—

(a)

the day on which the Corporation is dissolved; or

(b)

the day on which the consent of the Commonwealth Minister under section 20D(3), 20E(3) or 20F(3) of the Commonwealth Act is expressed to take effect in relation to the transfer to the Development Corporation of the asset, right or obligation, or liability—

whichever is the earlier.

(2)

In this Act, a reference to an asset of the Corporation includes a reference to any property held by the Corporation on behalf of the Crown in right of the State of Victoria.

4Repeal of Albury-Wodonga Agreement Act 1973 and Wodonga Area Land Acquisition Act 1973

(1)

The Albury-Wodonga Agreement Act 1973 is repealed.

(2)

The Wodonga Area Land Acquisition Act 1973 is repealed.

5Dissolution of Corporation

The Corporation is dissolved.

6Members of Corporation to vacate office

A person who, immediately before the dissolution of the Corporation, held office as a member of the Corporation ceases to hold that office on that dissolution.

7Transfer of assets of Corporation

(1)

On the transfer day, the assets of the Corporation, the transfer of which has the consent of the Commonwealth Minister under section 20D(3) of the Commonwealth Act, are transferred to the Development Corporation.

(2)

The assets of the Corporation to which subsection (1) applies vest in the Development Corporation by virtue of this section and without the need for any conveyance, assignment or instrument of transfer.

(3)

In relation to the transfer of an asset—

(a)

an instrument relating to the asset continues to have effect after the asset vests in the Development Corporation as if a reference in the instrument to the Corporation were a reference to the Development Corporation; and

(b)

the Development Corporation becomes the successor in law of the Corporation in relation to an asset immediately after the asset vests in the Development Corporation; and

(c)

if any proceedings to which the Corporation was a party—

(i)

were pending in any court or tribunal immediately before the transfer; and

(ii)

related, in whole or in part, to the asset—

the Development Corporation is substituted for the Corporation as a party to the proceedings to the extent to which the proceedings relate to the asset.

Note

This section does not apply in respect of development covenants—see section 17.

8Transfer of contractual rights and obligations of Corporation

(1)

On the transfer day, the Corporation's rights and obligations under any contract to which it is a party, and the transfer of which has the consent of the Commonwealth Minister under section 20E(3) of the Commonwealth Act, are transferred to the Development Corporation.

(2)

On the transfer day, the Corporation's rights and obligations to which subsection (1) applies—

(a)

cease to be rights and obligations of the Corporation; and

(b)

become rights and obligations of the Development Corporation.

(3)

In relation to the transfer of rights and obligations under a contract—

(a)

the contract continues to have effect, after the Corporation's rights and obligations under the contract become rights and obligations of the Development Corporation, as if a reference in the contract to the Corporation were a reference to the Development Corporation; and

(b)

an instrument relating to the contract continues to have effect, after the Corporation's rights and obligations under the contract become rights and obligations of the Development Corporation, as if a reference in the instrument to the Corporation were a reference to the Development Corporation; and

(c)

the Development Corporation becomes the Corporation's successor in law, in relation to the Corporation's rights and obligations under the contract, immediately after the Corporation's rights and obligations under the contract become rights and obligations of the Development Corporation; and

(d)

if any proceedings to which the Corporation was a party—

(i)

were pending in any court or tribunal immediately before the transfer; and

(ii)

related, in whole or in part, to those rights or obligations—

the Development Corporation is substituted for the Corporation as a party to the proceedings to the extent to which the proceedings relate to those rights or obligations.

Note

This section does not apply in respect of development covenants—see section 17.

9Transfer of liabilities of Corporation

(1)

On the transfer day, the liabilities of the Corporation, the transfer of which has the consent of the Commonwealth Minister under section 20F(3) of the Commonwealth Act, are transferred to the Development Corporation.

(2)

On the transfer day, a liability of the Corporation to which subsection (1) applies—

(a)

ceases to be a liability of the Corporation; and

(b)

becomes a liability of the Development Corporation.

(3)

In relation to the transfer of a liability—

(a)

an instrument relating to the liability continues to have effect after the liability becomes a liability of the Development Corporation as if a reference in the instrument to the Corporation were a reference to the Development Corporation; and

(b)

the Development Corporation becomes the successor in law of the Corporation in relation to a liability immediately after the liability becomes a liability of the Development Corporation; and

(c)

if any proceedings to which the Corporation was a party—

(i)

were pending in any court or tribunal immediately before the transfer; and

(ii)

related, in whole or in part, to the liability—

the Development Corporation is substituted for the Corporation as a party to the proceedings to the extent to which the proceedings relate to the liability.

Note

This section does not apply in respect of development covenants—see section 17.

10Operation of sections 7, 8 and 9

(1)

The operation of sections 7, 8 and 9 is not to be regarded—

(a)

as a breach of contract or confidence or otherwise as a civil wrong; or

(b)

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, contractual rights and obligations, or liabilities; or

(c)

as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, contractual right or obligation, or liability.

(2)

The operation of section 7, 8 or 9 is not to be regarded as an event of default under any contract or other instrument.

(3)

No attornment to the Development Corporation by a lessee from the Corporation is required.

11Assets, contractual rights and obligations, and liabilities not transferred on the transfer day

Any assets, rights and obligations under any contract, and liabilities, of the Corporation that are not transferred to the Development Corporation on or before the dissolution of the Corporation become assets, rights and obligations, and liabilities, of the Crown.

Note

This section does not apply in respect of development covenants—see section 17.

12Construction of references to Corporation

(1)

On and after the dissolution of the Corporation, a reference to the Corporation in any other Act, in any instrument made under any other Act or in any document of any other kind—

(a)

in so far as it relates to assets, rights and obligations, or liabilities, of the Corporation that have been transferred to the Development Corporation, is to be construed as a reference to the Development Corporation; and

(b)

in so far as it relates to assets, rights and obligations, or liabilities, of the Corporation that have not been transferred to the Development Corporation, is to be construed as a reference to the Crown.

(2)

Nothing in this section affects the operation of section 7(3)(a), 8(3)(a) or (b), 9(3)(a) or 17.

Albury-Wodonga Agreement (Repeal) Act 2003

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