{"id":"C2014A00117","name":"Albury-Wodonga Development Corporation (Abolition) Act 2014","slug":"albury-wodonga-development-corporation-abolition-act-2014","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"117 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8523,"registerId":"commonwealth-C2014A00117-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Albury‑Wodonga Development Corporation (Abolition) Act 2014.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

11 November 2014

2. Schedule 1, Parts 1 and 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the later of:

(a) the day after the end of that period; and

(b) 1 July 2015.

1 January 2015

(F2014L01614)

3. Schedule 1, Part 3

The day after this Act receives the Royal Assent.

12 November 2014

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedules","content":"#### 3 Schedules\n\n Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Approved bodies","content":"#### 3A Approved bodies\n\n (1) The Minister may, in writing, approve a body for the purposes of this Act if the body is:\n (a) an authority of a State; or\n (b) a local governing body; or\n (c) a body corporate constituted for purposes other than the acquisition of gain by its individual members.\n (2) An approval under subsection (1) is not a legislative instrument.\n\n6 Transitional—approved bodies\n\nAn approval:\n\n (a) under paragraph (b) of the definition of approved body in section 3 of the Urban and Regional Development (Financial Assistance) Act 1974; and\n (b) in force immediately before the commencement of this Part;\n\ncontinues in force (and may be dealt with) as if it were an approval under subsection 3A(1) of that Act as amended by this Schedule.\n\n7 Subsection 6(3)\n\nRepeal the subsection.\n\nPart 3—Transitional provisions\n\nDivision 1—Introduction\n\n8 Definitions\n\nIn this Part:\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\ncommencement time means the commencement of Part 1 of this Schedule.\n\nCommonwealth entity means an individual or body exercising powers or performing functions under a law of the Commonwealth.\n\nCorporation means the Albury‑Wodonga Development Corporation.\n\ninstrument includes:\n\n (a) a contract, deed, undertaking, arrangement or agreement; and\n (b) a notice, authority, order or instruction; and\n (c) an instrument made under an Act or legislative instrument.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nSecretary means the Secretary of the Department.\n\nDivision 2—Transfer of assets and liabilities\n\n9 Assets\n\n(1) This item applies to the assets of the Corporation immediately before the commencement time.\n\n(2) At the commencement time, the assets cease to be assets of the Corporation and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the assets.\n\n10 Liabilities\n\n(1) This item applies to the liabilities of the Corporation immediately before the commencement time.\n\n(2) At the commencement time, the liabilities cease to be liabilities of the Corporation and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the liabilities.\n\n11 Transfers of land may be registered\n\n(1) If any land vests in the Commonwealth under this Division and the Minister signs a certificate that:\n\n (a) identifies the land, whether by reference to a map or otherwise; and\n (b) states that the land has become vested in the Commonwealth under this Division; and\n (c) is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n\nthe Registrar or other officer may:\n\n (d) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (e) deal with, and give effect to, the certificate.\n\n(2) A certificate under subitem (1) is not a legislative instrument.\n\n12 Certificates relating to vesting of assets other than land\n\n(1) If an asset other than land vests in the Commonwealth under this Division and the Minister signs a certificate that:\n\n (a) identifies the asset; and\n (b) states that the asset has become vested in the Commonwealth under this Division; and\n (c) is lodged with the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of that kind;\n\nthe person or authority may:\n\n (d) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (e) make such entries in the register as are necessary, having regard to the effect of this Division.\n\n(2) A certificate under subitem (1) is not a legislative instrument.\n\nDivision 3—Transfer of other matters\n\n13 Acts of Corporation to be attributed to the Commonwealth\n\nAnything done by, or in relation to, the Corporation before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Commonwealth.\n\n14 Substitution of the Commonwealth as a party to certain pending proceedings\n\nIf, immediately before the commencement time, the Corporation was a party to proceedings pending in any court or tribunal, the Commonwealth is substituted for the Corporation as a party to the proceedings at and after that time.\n\n15 Transfer of records to the Department\n\nAny records or documents that were in the possession of the Corporation immediately before the commencement time are to be transferred to the Department after the commencement time.\n\nNote: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.\n\n16 Transfer of pending investigations\n\nIf:\n\n (a) before the commencement time, a complaint was made to a Commonwealth entity, or a Commonwealth entity began an investigation, under a law of the Commonwealth in relation to an action taken by the Corporation; and\n (b) immediately before the commencement time, the Commonwealth entity had not finally disposed of the matter in accordance with that law;\n\nthat law applies after the commencement time as if that action had been taken by the Department.\n\n17 References in certain instruments to Corporation\n\n(1) If:\n\n (a) an instrument was in force immediately before the commencement time; and\n (b) the instrument refers to the Corporation;\n\nthe reference has effect after the commencement time as if it were a reference to the Commonwealth.\n\n(2) Subitem (1) does not apply to a reference in:\n\n (a) an Act or regulations; or\n (b) an instrument made under this Part; or\n (c) an instrument that is part of, or associated with, a register referred to in item 11 or 12; or\n (d) the Winding‑up Agreement (within the meaning of the Albury‑Wodonga Development Act 1973, as in force immediately before the commencement time); or\n (e) an instrument made under that Agreement or under the Albury‑Wodonga Development Act 1973; or\n (f) an instrument specified in an instrument under subitem (3).\n\n(3) The Minister may, by legislative instrument, specify one or more instruments for the purposes of paragraph (2)(f).\n\nDivision 4—Corporation’s staff\n\n18 No transfer of staff under this Part\n\nNothing in this Part produces the result that the appointment, engagement or employment of any of the following persons:\n\n (a) a member of the Corporation;\n (b) the chief executive officer of the Corporation;\n (c) an officer or employee of the Corporation;\n (d) a consultant engaged by the Corporation;\n\nhas effect as if it were an appointment, engagement or employment of the person in relation to the Commonwealth.\n\nDivision 5—Corporation’s final annual report\n\n19 Final annual report\n\n(1) The Secretary must prepare and give to the Minister, for presentation to the Parliament, a report (the final report) on the Corporation’s activities during the final reporting period.\n\n(2) Sections 39 and 43 of the Public Governance, Performance and Accountability Act 2013 apply to the final report in a corresponding way to the way those sections apply to an annual report.\n\n(3) The Secretary may include the final report in the Department’s annual report for the period that includes the last day of the final reporting period.\n\n(4) If the Secretary does not include the final report in that annual report for the Department, then:\n\n (a) the Secretary must give the final report to the Minister within 3 months after the end of the final reporting period; and\n (b) the Minister must table the final report in each House of the Parliament as soon as practicable; and\n (c) the Secretary must publish the final report on the Department’s website as soon as practicable after the final report is tabled in the House of Representatives.\n\n(5) The Minister may extend the period referred to in paragraph (4)(a) if the Minister is satisfied that special circumstances exist.\n\n(6) In this item:\n\nannual report means a report under section 46 of the Public Governance, Performance and Accountability Act 2013.\n\nfinal reporting period means the period:\n\n (a) beginning at:\n (i) if, immediately before the commencement time, no annual report for the Corporation has been given to the Minister for the most recent reporting period that ended before the commencement time—the start of that reporting period; or\n (ii) otherwise—the start of the reporting period that includes the commencement time; and\n (b) ending immediately before the commencement time.\n\nreporting period means a reporting period (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the Corporation.\n\nDivision 6—Transitional functions and powers\n\n20 Transitional functions and powers\n\n(1) The Commonwealth may, for the purposes of facilitating the winding‑up of the joint Commonwealth/State scheme or for purposes consequential to the operation of this Schedule:\n\n (a) dispose of the assets that vest in the Commonwealth under Division 2; and\n (b) do all things necessary or convenient to be done for or in connection with paragraph (a), including:\n (i) entering into contracts and arrangements; and\n (ii) constructing buildings and works, and carrying on services, whether directly or indirectly.\n\n(2) This item does not limit what the Commonwealth may do with, or in relation to, those assets.\n\n(3) In this item, joint Commonwealth/State scheme has the same meaning as in the Albury‑Wodonga Development Act 1973 (as in force immediately before the commencement time).\n\nDivision 7—Other matters\n\n21 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable under a law of a State or a Territory in respect of the following, or anything connected with the following:\n\n (a) the vesting of an asset or liability under this Part;\n (b) the operation of this Schedule in any other respect.\n\n22 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Part:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n23 Delegation by Minister\n\n(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:\n\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n\n(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n24 Compensation for acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n25 Transitional rules\n\nThe Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title says — it abolishes the Albury-Wodonga Development Corporation and manages the consequential transfers and wind-up. The transitional provisions are standard for this type of abolition legislation and do not expand or contract the core purpose. The inclusion of the approved bodies amendment to the Urban and Regional Development (Financial Assistance) Act 1974 is a minor consequential amendment consistent with the overall wind-up purpose."},"complexity_factors":["Multiple staged commencement dates with conditional fallback provisions","Automatic statutory vesting of assets and liabilities without normal conveyancing — unusual legal mechanism requiring careful interpretation","Interaction with multiple other Acts (Albury-Wodonga Development Act 1973, Public Governance Performance and Accountability Act 2013, Urban and Regional Development (Financial Assistance) Act 1974, Archives Act 1983)","Complex transitional provisions spanning multiple divisions with different rules for land, non-land assets, liabilities, instruments, staff, records and pending proceedings","Constitutional property acquisition safeguard clause referencing s51(xxxi) of the Constitution","Distinction between instruments that do and do not carry over reference substitution, with ministerial carve-out power","Intergovernmental (Commonwealth/State joint scheme) context adds jurisdictional complexity","Final annual report obligations with alternative pathways and ministerial extension power"],"plain_english_summary":"The Act abolishes the Albury–Wodonga Development Corporation and transfers its property, assets, contracts, liabilities, records and legal rights to the Commonwealth, which may manage or dispose of them. Transfers are exempt from stamp duty, the Commonwealth is substituted into ongoing litigation, a final report must be tabled, and compensation is available where property rights are lost.\n\nWho it affects: contractors, counterparties and litigants now deal with the Commonwealth; Corporation staff do not automatically become Commonwealth employees."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: the orderly abolition of the Albury-Wodonga Development Corporation and the transfer of its affairs to the Commonwealth. The scope has not expanded beyond this core function."},"complexity_factors":["Multiple commencement dates for different provisions (3 separate triggers in the commencement table)","Extensive defined terms section (8 definitions in Division 1 alone, including broad concepts like 'asset' and 'liability' covering contingent and prospective interests)","Cross-references to multiple other Acts: Public Governance, Performance and Accountability Act 2013, Archives Act 1983, Albury-Wodonga Development Act 1973, Urban and Regional Development (Financial Assistance) Act 1974, and the Constitution (s 51(xxxi))","Conditional exceptions in the instrument substitution rules (item 17) with 6 explicit exclusions plus a delegated power for further exclusions","Complex transitional reporting period calculations with multiple conditional start dates depending on prior reporting status","Nested delegation structure (Minister → Secretary → SES employee)","Constitutional safeguard provision (item 24) requiring just terms compensation analysis"],"plain_english_summary":"This legislation shuts down the Albury-Wodonga Development Corporation, a federal body that managed development in the Albury-Wodonga region on the NSW-Victoria border.\n\n**What it does:**\n- **Abolishes the Corporation** and transfers all its assets (property, land, money) and liabilities (debts, obligations) to the Commonwealth government\n- **Winds up operations** by allowing the Commonwealth to sell or dispose of assets and finish any unfinished business\n- **Handles legal continuity** — contracts, court cases, and investigations involving the Corporation continue as if the Commonwealth was now the party involved\n- **Protects staff** — employees don't automatically become Commonwealth public servants; their employment ends with the Corporation\n- **Final reporting** — requires a last annual report covering the Corporation's final period of operation\n\n**Who it affects:**\n- Former employees of the Corporation (their jobs end, not transferred)\n- People or businesses with contracts or legal disputes with the Corporation (now dealt with by the Commonwealth)\n- Property owners in the Albury-Wodonga area where the Corporation held land or development rights\n- State governments (NSW and Victoria) who were partners in the original development scheme\n\n**Why it matters:**\nThis ends a 40-year federal experiment in regional development. The Corporation was created in the 1970s to grow Albury-Wodonga as a major inland city. By 2014, the federal government decided the Corporation had served its purpose and could be wound up, returning control to local and state authorities."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's scope is limited to abolishing the Corporation and providing detailed transitional arrangements: vesting assets/liabilities in the Commonwealth, substitution in proceedings, record transfers, governance of final reporting, and limited ministerial rule‑making/delegation powers (Schedule, Part 3, items 8–25). It does not expand beyond winding‑up and consequential management of those interests."},"complexity_factors":["Vesting of assets and liabilities automatically to the Commonwealth without conveyance (Division 2: items 9–10) increases legal-technical complexity.","Mechanism for registering vesting of land and other assets by ministerial certificate, and its treatment by state/Territory registers (items 11–12).","Substitution of the Commonwealth as party in ongoing proceedings and attribution of prior acts to the Commonwealth (items 13–14).","Explicit non-transfer of staff appointments and engagements (item 18) creates employment/administrative complexity.","Final reporting obligations mapped to PGPA Act requirements with timing and publication rules (item 19).","Delegation and rule‑making powers for transitional matters, including legislative instruments (items 23, 25, and 3A(2)), introduce delegated governance choices.","Compensation entitlement for acquisitions otherwise than on just terms and Federal Court remedy if disputed (item 24).","Exemption from State/Territory stamp duties or taxes for the vesting and operation of the Schedule (item 21).","Broad definitions of 'asset' and 'liability' capturing contingent and prospective interests (Division 1: item 8) widen scope of what vests."],"plain_english_summary":"This Act abolishes the Albury‑Wodonga Development Corporation and moves its assets, liabilities, records and legal roles to the Commonwealth. It sets out how land and other assets vest without conveyance, substitutes the Commonwealth in pending proceedings, and requires a final report to Parliament.\n\nThe Act preserves compensation rights where property is acquired otherwise than on just terms, excludes automatic transfer of staff appointments, allows the Minister to make transitional rules and delegate functions, and exempts State/Territory stamp duty on the transfers."}},"importantCases":[],"_links":{"self":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014","history":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014/history","analysis":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014/analysis","conflicts":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014/conflicts","importantCases":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014/important-cases","documents":"/api/acts/albury-wodonga-development-corporation-abolition-act-2014/documents"}}