No. 62 of 2003
Version as at
9 August 2012
TABLE OF PROVISIONS
Section
1 Purposes
2 Commencement
3 Interpretation
4 Repeal of Albury-Wodonga Agreement Act 1973 and
Wodonga Area Land Acquisition Act 1973
5 Dissolution of Corporation
6 Members of Corporation to vacate office
7 Transfer of assets of Corporation
8 Transfer of contractual rights and obligations of Corporation
9 Transfer of liabilities of Corporation
10 Operation of sections 7, 8 and 9
11 Assets, contractual rights and obligations, and liabilities not transferred on the transfer day
12 Construction of references to Corporation
13 Approved form of winding-up agreement
14 Minister may sign winding-up agreement on behalf of State
15 Approval of winding-up agreement
16 Functions, powers and duties of Development Corporation
17 Development covenants
18 Evidentiary certificate
19 Action by Registrar of Titles
20 Regulations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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No. 62 of 2003
Version as at
9 August 2012
The Parliament of Victoria enacts as follows:
1 Purposes
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.
2 Commencement
This Act comes into operation on a day or days to be proclaimed.
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s. 3
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
3 Interpretation
(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
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Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003 s. 4
(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.
4 Repeal of Albury-Wodonga Agreement Act 1973 and Wodonga Area Land Acquisition Act 1973
(1) The Albury-Wodonga Agreement Act 1973 is repealed .
See:
Act No.
8520/1973.
Reprint No. 2 as at
8 May 1997 and amending
Act Nos
46/1998 and
85/1998.
LawToday: www. legislation. vic.gov.au
(2) The Wodonga Area Land Acquisition Act 1973 is repealed .
See:
Act No.
8518/1973.
Reprint No. 1 as at
5 February
1998.
LawToday: www. legislation. vic.gov.au
5 Dissolution of Corporation
The Corporation is dissolved.
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s. 6
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
6 Members 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.
7 Transfer 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
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Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
(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.
8 Transfer 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 s. 8
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s. 9
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
(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.
9 Transfer 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.
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Albury-Wodonga Agreement (Repeal) Act 2003
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(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. s. 9
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s. 10
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
10 Operation 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.
11 Assets, 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.
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Albury-Wodonga Agreement (Repeal) Act 2003
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12 Construction 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.
13 Approved form of winding-up agreement
(1) The Minister may make a written determination that a specified form of agreement is the approved form of winding-up agreement for the purposes of this Act.
(2) The Minister must cause a copy of the determination to be tabled in each House of
Parliament.
(3) Either House of Parliament may, following a motion upon notice, pass a resolution disallowing the determination. To be effective, the resolution must be passed within 15 sitting days of the House after the copy of the determination was tabled in the House. s. 12
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s. 14
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
(4) If neither House passes such a resolution, the determination takes effect on the day immediately after the last day on which such a resolution could have been passed.
14 Minister may sign winding-up agreement on behalf of State
If the written determination under section 13 is not disallowed under that section by either House of Parliament, the Minister (or another Minister) may sign an agreement substantially in accordance with the approved form of winding-up agreement on behalf of the State of Victoria.
15 Approval of winding-up agreement
(1) If an agreement substantially in accordance with the approved form of winding-up agreement is signed by or on behalf of the Commonwealth and the States of New South Wales and Victoria, the agreement is approved by Parliament.
(2) The agreement approved by this section is to be known as the Albury-Wodonga Area
Development Winding-up Agreement .
16 Functions, powers and duties of Development
Corporation
(1) The Development Corporation has all the duties of the Corporation under section 8(4) and sections
15(5) and 15(12) of the Albury-Wodonga
Agreement Act 1973 as in force immediately before its repeal, including (but not limited to) the duty of the Corporation to comply with each of the following Acts—
(a) Building Act 1993 ;
(b) Environment Protection Act 1970 ;
(c) Flora and Fauna Guarantee Act 1988 ;
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Albury-Wodonga Agreement (Repeal) Act 2003
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(d) Planning and Environment Act 1987 ;
(e) Subdivision Act 1988 .
(2) In addition to subsection (1), the Development
Corporation has, and may exercise and perform, any functions or powers—
(a) that the Corporation could have exercised or performed at any time before its dissolution; and
(b) that are conferred on it by or under the
Albury-Wodonga Area Development
Winding-up Agreement .
17 Development covenants
(1) Nothing in section 7, 8, 9, 11 or 12 applies in respect of a development covenant.
(2) On and from the commencement of this section, the Wodonga Rural City Council has and may exercise all of the powers to enforce, vary or release a development covenant that the
Corporation had immediately before that commencement.
(3) On and from the commencement of this section any reference to the Corporation in any development covenant is to be construed as a reference to the Wodonga Rural City Council.
(4) For the purposes of this section, and despite the repeal of the Albury-Wodonga Agreement Act
1973 , subsections (3), (4), (5) and (6) of section 15A of that Act continue to apply in respect of a development covenant as if any reference in those provisions to the Corporation were a reference to the Wodonga Rural City
Council. s. 17
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s. 18
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
18 Evidentiary certificate
(1) This section applies if the right, title and interest in any land vests in the Development Corporation under this Act.
(2) An authorised person may issue a certificate—
(a) that is signed by the authorised person; and
(b) that identifies the land, whether by reference to a map or otherwise; and
(c) that states that the right, title and interest in that land has become vested in the
Development Corporation.
(3) A certificate under this section is evidence that the right, title and interest in the land described in the certificate has become vested in the Development
Corporation.
(4) In this section authorised person means—
(a) the Minister; or
(b) a person authorised by the Minister, in writing, for the purposes of this section.
19 Action by Registrar of Titles
On being requested to do so and on delivery
(where required by the Registrar) of a certificate under section 18 and any relevant instrument or document, the Registrar of Titles must (without payment of fee) make any recordings in the
Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision (other than section 17) of this Act.
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Albury-Wodonga Agreement (Repeal) Act 2003
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20 Regulations
(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A regulation under this section may take effect from the date on which this Act receives Royal
Assent or a later date.
(3) To the extent to which a regulation takes effect from a date that is earlier than the date that it is made, the regulation does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date on which the regulation is made; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date on which the regulation is made.
(4) A regulation may provide for the interpretation of references to the chief executive officer of the
Corporation.
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Endnotes
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
ENDNOTES
1.
General Information
Minister's second reading speech—
Legislative Assembly: 1 May 2003
Legislative Council: 16 September 2003
The long title for the Bill for this Act was "to repeal the Albury-Wodonga
Agreement Act 1973 and the Wodonga Area Land Acquisition Act 1973 , to dissolve the Albury-Wodonga (Victoria) Corporation, to provide for the transfer of assets, contractual rights and obligations, and liabilities of that
Corporation to the Albury-Wodonga Development Corporation and for other purposes."
This Act was assented to on 23 September 2003 and sections 1–3, 7–10,
13–15, 18–20 came into operation on 2 October 2003: Government Gazette
2 October 2003 page 2538; sections 4–6, 11, 12, 16 and 17 on 1 March 2004:
Government Gazette 26 February 2004 page 392.
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Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
2.
Table of Amendments
There are no amendments made to the Albury-Wodonga Agreement
(Repeal) Act 2003 by Acts and subordinate instruments.
Endnotes
15

Endnotes
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
3.
Explanatory Details
No entries at date of publication.
16