Version incorporating amendments as at
1 July 2021
table of provisions
Section Page
1 Purposes 1
2 Commencement 1
3 Interpretation 2
4 Repeal of Albury-Wodonga Agreement Act 1973 and Wodonga Area Land Acquisition Act 1973 3
5 Dissolution of Corporation 3
6 Members of Corporation to vacate office 3
7 Transfer of assets of Corporation 3
8 Transfer of contractual rights and obligations of Corporation 4
9 Transfer of liabilities of Corporation 6
10 Operation of sections 7, 8 and 9 7
11 Assets, contractual rights and obligations, and liabilities not transferred on the transfer day 8
12 Construction of references to Corporation 8
13 Approved form of winding-up agreement 8
14 Minister may sign winding-up agreement on behalf of State 9
15 Approval of winding-up agreement 9
16 Functions, powers and duties of Development Corporation 9
17 Development covenants 10
18 Evidentiary certificate 11
19 Action by Registrar of Titles 11
20 Regulations 12
Endnotes 13
1 General information 13
2 Table of Amendments 15
3 Amendments Not in Operation 16
4 Explanatory details 17
Version No.005
Albury-Wodonga Agreement (Repeal) Act 2003
No. 62 of 2003
Version incorporating amendments as at
1 July 2021
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.
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
(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.
(2) The Wodonga Area Land Acquisition Act 1973 is repealed.
5 Dissolution of Corporation
The Corporation is dissolved.
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
(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
(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.
(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.
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.
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.
(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;
S. 16(1)(b) amended by No. 39/2018 s. 29.
(b) Environment Protection Act 2017;
(c) Flora and Fauna Guarantee Act 1988;
(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.
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.
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.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative 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.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Albury-Wodonga Agreement (Repeal) Act 2003 by Acts and subordinate instruments.