Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014
In ForceNSW
Jurisdiction
New South Wales
Act Number
26 of 2014
Collection
act
Plain English Summary
4/10 complexity
This Act dissolves several New South Wales statutory bodies, abolishes associated funds and transfers their assets, rights and liabilities to the Crown or to specified agencies (for example the Food Authority or Government Property NSW). It preserves legal continuity by vesting property and pending proceedings in the transferees, allows Ministerial confirmation of particular transfers, authorises transitional regulations and provides that the State is not liable to pay compensation for changes made by the Act.
This Act effects the statutory dissolution of a set of named statutory bodies and the legal transfer of their assets, rights and liabilities to specified transferees, principally the Crown or particular Crown entities. Mechanically, Parts 2-6 dissolve the Chipping Norton Lake Authority (Pt 2), the New South Wales Dairy Industry Conference (Pt 3), the Lake Illawarra Authority (Pt 4), the Ministerial Corporation for Industry (Pt 5) and the Poultry Meat Industry Committee together with the Poultry Meat Industry Advisory Group (Pt 6). Each dissolution provision contains three consistent elements: the body is dissolved (for example s 5(1), s 10(1), s 15(1), s 19(1), s 24(1)); membership and advisory arrangements cease and members lose office without entitlement to remuneration or compensation for the loss of office where the section so provides (for example s 10(2), s 15(4), s 24(3)); and the assets, rights and liabilities that belonged to the dissolved body immediately before dissolution become, on dissolution, assets, rights and liabilities of the Crown or a specified transferee (for example s 5(2), s 10(3), s 15(2), s 19(2)). Specific departures from the general Crown transfer appear where the transferee is identified, notably the transfer of the Dairy Industry Conference’s assets to the NSW Food Authority (s 10(3)), and the transfer of land or interests in land from the Ministerial Corporation to Government Property NSW (s 19(3)), with Part 4 of the Government Property NSW Act 2006 to apply to those transfers (s 19(3)).
The Act also abolishes particular working accounts or funds established under the repealed Acts and provides for the transfer of any balances to other public funds (for example s 7(1)-(2), s 11(1)-(2), s 21(1)-(2)). Section 27 sets out general transfer mechanics: vesting by statutory operation without further conveyance, continuation of proceedings in the name of the transferee, and preservation of acts and omissions as if done by the transferee (s 27(2)(a)-(d)). The Act contains non-compensation and protections for the State, stating that no compensation is payable by or on behalf of the State because of the enactment or operation of the Act (s 28(1)). The Governor is empowered to make savings and transitional regulations (s 29), which may have retrospective effect to the date of assent subject to protections for private persons (s 29(1)-(3)).
Current sections
Direct links to the current provisions in Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
(2) Notes included in this Act do not form part of this Act.
Part 2
Dissolution of Chipping Norton Lake Authority
Part 2 Dissolution of Chipping Norton Lake Authority
Part 2 Dissolution of Chipping Norton Lake Authority
4
Definition
4 Definition
4 Definition
In this Part:
Chipping Norton Lake Authority means the Chipping Norton Lake Authority constituted by the Chipping Norton Lake Authority Act 1977 as in force immediately before its repeal by this Part.
5
Dissolution of Authority
5 Dissolution of Authority
5 Dissolution of Authority
(1) The Chipping Norton Lake Authority is dissolved.
(2) The assets, rights and liabilities of the Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
6
References to Chipping Norton Lake Authority
6 References to Chipping Norton Lake Authority
6 References to Chipping Norton Lake Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Chipping Norton Lake Authority is to be construed as a reference to the Crown.
(2) Any balance standing to the credit of that account immediately before its abolition is transferred to the Public Reserves Management Fund established under the Public Reserves Management Fund Act 1987.
Dissolution of New South Wales Dairy Industry Conference
Part 3 Dissolution of New South Wales Dairy Industry Conference
Part 3 Dissolution of New South Wales Dairy Industry Conference
9
Definitions
9 Definitions
9 Definitions
In this Part:
Dairy Industry Conference means the New South Wales Dairy Industry Conference constituted under the Dairy Industry Act 2000 as in force immediately before its repeal by this Part.
Food Authority means the NSW Food Authority constituted under the Food Act 2003.
10
Dissolution of Dairy Industry Conference
10 Dissolution of Dairy Industry Conference
10 Dissolution of Dairy Industry Conference
(1) The Dairy Industry Conference is dissolved.
(2) The persons who were members of the Dairy Industry Conference immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(3) The assets, rights and liabilities of the Dairy Industry Conference immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Food Authority.
(4) Any person employed by the Dairy Industry Conference under section 9 of the Dairy Industry Act 2000 ceases to be so employed on the commencement of this section. This subsection does not affect any rights that person may have on termination of employment.
(2) Any balance standing to the credit of that fund immediately before its abolition is transferred to the Food Authority Fund established under section 117A of the Food Act 2003.
12
References to Dairy Industry Conference
12 References to Dairy Industry Conference
12 References to Dairy Industry Conference
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the New South Wales Dairy Industry Conference is to be construed as a reference to the Food Authority.
Lake Illawarra Authority means the Lake Illawarra Authority constituted under the Lake Illawarra Authority Act 1987 as in force immediately before its repeal by this Part.
15
Dissolution of Lake Illawarra Authority
15 Dissolution of Lake Illawarra Authority
15 Dissolution of Lake Illawarra Authority
(1) The Lake Illawarra Authority is dissolved.
(2) The assets, rights and liabilities of the Lake Illawarra Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) Any advisory committees of the Lake Illawarra Authority are dissolved.
(4) The persons who were members of the Lake Illawarra Authority or any of its advisory committees immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
16
References to Lake Illawarra Authority
16 References to Lake Illawarra Authority
16 References to Lake Illawarra Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Lake Illawarra Authority is to be construed as a reference to the Crown.
17
Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
17 Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
(2) The repeal of the Lake Illawarra Authority Act 1987 does not affect the continuing operation of section 16 of that Act in relation to applications for consent made under section 14 of that Act before the repeal of that Act.
s 17: Am 1987 No 15, sec 30C.
Part 5
Dissolution of Ministerial Corporation for Industry
Part 5 Dissolution of Ministerial Corporation for Industry
Part 5 Dissolution of Ministerial Corporation for Industry
(2) Except as provided by subsection (3), the assets, rights and liabilities of the Ministerial Corporation immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) Any land, or interest in land, vested in the Ministerial Corporation immediately before its dissolution is transferred to Government Property NSW. Part 4 of the Government Property NSW Act 2006 applies to the transfer of any land or interest in the same way as if the land or interest was transferred to Government Property NSW under that Act and the date of commencement of this section were the transfer date.
20
References to Ministerial Corporation
20 References to Ministerial Corporation
20 References to Ministerial Corporation
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Ministerial Corporation for Industry is to be construed as a reference to the Crown.
Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
23
Definitions
23 Definitions
23 Definitions
In this Part:
Advisory Group means the Poultry Meat Industry Advisory Group established under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
Committee means the Poultry Meat Industry Committee constituted under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
24
Dissolution of Committee and Advisory Group
24 Dissolution of Committee and Advisory Group
24 Dissolution of Committee and Advisory Group
(1) The Committee and the Advisory Group are dissolved.
(2) The assets, rights and liabilities of the Committee immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) The persons who were members of the Committee or the Advisory Group immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
25
References to Poultry Meat Industry Committee
25 References to Poultry Meat Industry Committee
25 References to Poultry Meat Industry Committee
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Committee is to be construed as a reference to the Crown.
sch 3: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
27
Provisions relating to transfers of assets, rights and liabilities
27 Provisions relating to transfers of assets, rights and liabilities
27 Provisions relating to transfers of assets, rights and liabilities
(1) In this section, the statutory body from which any assets, rights or liabilities are transferred is called the transferor and the body to which they are transferred is the transferee.
(2) When any assets, rights or liabilities are transferred pursuant to Parts 2–6 of this Act, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become, by virtue of this section, the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer.
(3) The operation of this Act 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, rights 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, right or liability, or
(d) as an event of default under any contract or other instrument.
(4) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities. Such a notice is conclusive evidence of that transfer.
(5) No attornment to the transferee by a lessee from the transferor is required.
(6) In this section, instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
28
No compensation payable by State
28 No compensation payable by State
28 No compensation payable by State
(1) Compensation, including damages or any other form of monetary compensation, is not payable by or on behalf of the State because of the enactment or operation of this Act, or for any consequence of that enactment or operation.
(2) In this section, the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes a public sector agency of the State and an officer, employee or agent of the Crown or a public sector agency of the State.
29
Savings and transitional regulations
29 Savings and transitional regulations
29 Savings and transitional regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision 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 of its publication, 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 of its publication.
Schedule 1
Schedule 1
Schedules 1–3 (Repealed)
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
(2) Notes included in this Act do not form part of this Act.
Part 2 Dissolution of Chipping Norton Lake Authority
Part 2 Dissolution of Chipping Norton Lake Authority
Part 2 Dissolution of Chipping Norton Lake Authority
4 Definition
4 Definition
4 Definition
In this Part:
Chipping Norton Lake Authority means the Chipping Norton Lake Authority constituted by the Chipping Norton Lake Authority Act 1977 as in force immediately before its repeal by this Part.
5 Dissolution of Authority
5 Dissolution of Authority
5 Dissolution of Authority
(1) The Chipping Norton Lake Authority is dissolved.
(2) The assets, rights and liabilities of the Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
6 References to Chipping Norton Lake Authority
6 References to Chipping Norton Lake Authority
In short, the Act abolishes specified statutory bodies, moves their property, rights and obligations into Crown ownership or to named Crown entities, extinguishes or transfers dedicated funds, and sets out legal mechanics to ensure continuity of proceedings and minimise the need for separate conveyancing or attornment (see Pt 2-6, s 7, s 11, s 21, s 27, s 28, s 29).
Main concepts
The Act rests on a small set of legal mechanisms that control organisational closure and statutory transfer. The core concepts are dissolution, statutory vesting, transferee substitution, protective non-liability for the State, and regulatory savings and transitional power.
Dissolution: Each targeted statutory body is expressly dissolved by the section applying to it (see s 5(1) for Chipping Norton Lake Authority; s 10(1) for Dairy Industry Conference; s 15(1) for Lake Illawarra Authority; s 19(1) for Ministerial Corporation; s 24(1) for Poultry Meat Industry Committee and Advisory Group). Dissolution also carries immediate effects for office-holders and advisory committees where stated (for example s 10(2), s 15(3)-(4)).
Statutory vesting/transfer by operation of law: Section 27(2)(a)-(b) provides that assets vest and rights/liabilities become those of the transferee by virtue of the section without need for further conveyance, transfer, assignment or assurance. Those provisions aim to avoid transactional formalities after dissolution and to create immediate legal continuity.
Continuity of proceedings and historical acts: Section 27(2)(c)-(d) takes pending proceedings and prior acts as belonging to, or having been done by, the transferee. This is a preservation mechanism to prevent procedural gaps arising from institutional change.
Construction of references: Several sections state that references in other instruments to the dissolved bodies are to be construed as references to the Crown or, in one case, to the Food Authority (see s 6, s 12, s 16, s 20, s 25). This addresses statutory and contractual cross-references without needing amending every external instrument.
Specified transferees for certain types of assets: While the Crown is the default transferee, the Act identifies particular recipients for particular assets. The Dairy Industry Conference assets move to the Food Authority (s 10(3)); balances of the former Dairy fund move to the Food Authority Fund (s 11(2)); land or interests from the Ministerial Corporation transfer to Government Property NSW with Part 4 of that Act to apply (s 19(3)).
Non-compensation rule for State: Section 28(1) declares that the State is not liable to pay compensation because of enactment or operation of the Act. The definition in s 28(2) clarifies that “State” includes the Crown and public sector agencies and their officers.
Ministerial confirmation and lack of attornment requirement: Section 27(4) enables the Minister to issue a written notice confirming a transfer; such a notice is conclusive evidence. Section 27(5) declares that attornment by a lessee from the transferor is not required.
Savings and transitional regulation power: Section 29 gives the Governor a power to make regulations for transitional matters and allows retrospective effect to assent subject to protections for private persons (s 29(1)-(3)).
These concepts operate together to achieve immediate legal transfer and continuity while shielding the State from compensation claims arising from the law’s operation. Mechanically, the Act reduces the need for further instruments of transfer and clarifies the legal identity to be used in place of the dissolved bodies in other laws and documents.
Who it affects
The Act directly affects a compact list of categories of stakeholders: the dissolved statutory bodies themselves, their members and employees, counterparties to contracts and instruments involving those bodies, beneficiaries of funds formerly administered by those bodies, transferee public entities that receive assets and liabilities, and the Crown as the principal legal transferee.
Dissolved bodies and their constituents: The Chipping Norton Lake Authority, the New South Wales Dairy Industry Conference, the Lake Illawarra Authority, the Ministerial Corporation for Industry and the Poultry Meat Industry Committee and Advisory Group are expressly dissolved (see Pt 2-6). Members of those bodies cease to hold office (for example s 10(2), s 15(4), s 24(3)) and are not entitled to remuneration or compensation for losing office where the provision states that (s 10(2), s 15(4), s 24(3)). Advisory committees are dissolved where noted (s 15(3)).
Employees: The Act terminates certain employment relationships connected to the dissolved bodies. For example, s 10(4) provides that any person employed by the Dairy Industry Conference under s 9 of the Dairy Industry Act 2000 ceases to be so employed on commencement of s 10, while expressly preserving any rights the person may have on termination of employment. The Act does not otherwise set out a general staff transfer regime such as automatic transfer of employment; the only explicit employment treatment in the text is s 10(4).
Contractual and statutory counterparties: Third parties with contracts, leases, licences, regulatory approvals or other instruments involving the dissolved bodies are affected because the Act transfers legal title, obligations and rights to the transferees by operation of law (s 27(2)(a)-(b)). Section 27(3) states that the operation of this Act is not to be regarded as a breach of contract or as giving rise to remedies under contractual provisions that prohibit assignment, so a contracting party cannot treat the transfer as an event of default for those reasons (s 27(3)(a)-(d)). Nonetheless the practical effect is that counterparties must interact with the transferee rather than the original body.
Beneficiaries of funds and financial counterparties: Specific funds and working accounts established under the repealed Acts are abolished and their balances transferred. The Chipping Norton Lake Authority Working Account is abolished and its balance transferred to the Public Reserves Management Fund (s 7(1)-(2)). The Dairy fund is abolished and balances transferred to the Food Authority Fund (s 11(1)-(2)). The Industries Assistance Fund is abolished and balances transferred to the Consolidated Fund (s 21(1)-(2)). Entities or persons who had claims against those funds will need to look to the receiving fund as appropriate.
Transferee public entities and the Crown: The Crown is the default transferee of assets, rights and liabilities (s 5(2), s 15(2), s 24(2)). The Food Authority is the named transferee for Dairy Industry Conference property (s 10(3)). Land held by the Ministerial Corporation transfers to Government Property NSW and is to be processed under Part 4 of the Government Property NSW Act 2006 (s 19(3)). These public entities gain both entitlements and obligations associated with the transferred assets and liabilities (s 27(2)(e)).
Courts and ongoing litigants: Section 27(2)(c) specifies that proceedings commenced by or against the transferor before transfer are taken to be proceedings by or against the transferee. Parties to litigation need to update filings and process information to reflect the transferee as the relevant party.
Public sector finance managers and registrars: Bodies responsible for public funds and land registers are affected by incoming transfers and by the abolition and consolidation of particular accounts and funds (s 7(2), s 11(2), s 21(2), s 19(3)). The Act’s direction that vesting occurs without further conveyance reduces administrative steps, but registries may require notices or ministerial confirmations (s 27(4)) to record transfers.
In summary, the Act reassigns duties and property from a small set of abolished statutory corporations to the Crown or specified Crown agencies, directly affecting members, certain employees, contractual counterparties, fund beneficiaries, transferee agencies and public registries.
Key duties and rights
The Act creates, transfers and extinguishes specific legal rights and duties through statutory operation and thus alters who holds obligations and benefits. The critical duties and rights to note arise from dissolution, statutory vesting, continuing proceedings and the construction of references.
Duties and liabilities transfer to transferee: Under s 27(2)(b) and s 27(2)(e) the rights or liabilities of a transferor become the rights or liabilities of the transferee by virtue of the Act, and the transferee has all entitlements and obligations that the transferor would have had but for the transfer. Practically, this means legal obligations (contracts, statutory duties, debts and potential contingent liabilities) attach to the Crown or the specified agency after dissolution (see s 5(2), s 10(3), s 15(2), s 19(2), s 24(2)).
Vesting of assets without transactions: Section 27(2)(a) makes clear that assets vest in the transferee by operation of the Act without the need for any further conveyance, transfer, assignment or assurance. That reduces a duty on administrators to execute further title documents to achieve legal ownership, although practical registration steps may remain necessary in some registries.
Continuation of legal proceedings: Section 27(2)(c) states that proceedings relating to the assets, rights or liabilities which were pending immediately before transfer are taken to be proceedings pending by or against the transferee. Litigants, courts and administrators must therefore relate pending matters to the transferee, not the dissolved body. This gives litigants a right to proceed against the transferee and imposes a duty on the transferee to defend or pursue such proceedings.
Preservation of prior acts and omissions: Section 27(2)(d) provides that acts or omissions done in relation to those assets, rights or liabilities before transfer have effect as if done by the transferee. The transferee therefore inherits the legal consequences and status of prior administrative acts. That functions as a right to rely on prior processes and a concomitant duty to honour their legal outcomes.
Confirmation notices by the Minister: Section 27(4) authorises the Minister to issue a written notice confirming a transfer of particular assets, rights or liabilities, and prescribes that such a notice is conclusive evidence. This creates a practical right to rely on ministerial confirmation and assigns to the Minister the administrative duty to issue confirmation where desired.
No attornment requirement: Section 27(5) removes the need for attornment to the transferee by a lessee from the transferor. A lessee therefore does not carry a duty to formally attorn to the transferee as a precondition to the transfer taking legal effect.
Construction of references: Sections 6, 12, 16, 20 and 25 direct that references to the abolished bodies in other Acts, instruments or documents are to be construed as references to the Crown or to the Food Authority. This alters statutory and contractual interpretation rights and duties by redirecting obligations and powers to the Crown or specified agencies.
Abolition of funds and transfer of balances: Sections 7(1)-(2), 11(1)-(2), and 21(1)-(2) abolish particular funds and transfer balances to other public funds. Creditors and beneficiaries who might have recourse to the abolished fund will have their rights in respect of balances now found in the receiving fund. Managers of the receiving funds acquire the duties associated with administering those balances.
Employment rights on termination: Section 10(4) explicitly provides that persons employed by the Dairy Industry Conference cease to be employed on commencement of that section but preserves any rights that person may have on termination. The provision confers a specific right to termination entitlements where applicable and imposes a duty on the employer to satisfy those termination claims.
Non-compensation rule: Section 28(1) declares that compensation is not payable by or on behalf of the State because of enactment or operation of the Act. That is expressed as a blanket bar on monetary compensation claims against the State arising from the law itself. The definition of “State” in s 28(2) clarifies who is bound by that bar. This creates a substantive restriction on potential rights to compensation located in statute.
The Act therefore reallocates legal duties and rights from abolished institutions to the Crown or specified entities, subjects those parties to ongoing litigation and administrative inheritance, and limits liability for compensation arising from the Act’s operation.
Penalties and enforcement
The Act contains no criminal sanctions, pecuniary penalty regime or administrative sanction expressed against private parties for non-compliance with the Act’s provisions. It is primarily a machinery Act for institutional dissolution and transfer, not a regulatory enforcement statute.
No offences or penalty provisions: A careful reading of the text reveals no section creating offences, fines, or enforcement mechanisms against individuals or organisations for violating the Act. Parts 2-6 effect dissolutions and transfers but do not impose criminal or civil penalties for failing to implement or observe the provisions.
Enforcement via common law and existing statutory frameworks: Where transferred liabilities subsist (for example debts, contractual obligations or regulatory enforcement actions), enforcement remains available under the instruments and statutory regimes that created those liabilities. Section 27(2)(c) expressly continues pending proceedings by or against the transferee; thus enforcement actions that were commenced before transfer remain in place and are pursued against the transferee. The Act does not alter the enforceability of underlying obligations other than to change the legal party against whom they are enforceable.
Ministerial confirmation as conclusive evidence: Section 27(4) gives the Minister the administrative power to confirm transfers by written notice and states that such notice is conclusive evidence of that transfer. That conclusive evidentiary effect has enforcement significance for registries, counterparties and courts; a transferee or the State may rely on the ministerial notice to demonstrate legal title or party status.
Prohibition on compensation claims against the State: Section 28(1) operates as an entitlement-limiting provision, barring compensation, including damages or any other monetary compensation, payable by or on behalf of the State because of the Act’s enactment or operation. It is not an enforcement mechanism in the sense of penalties, but it is an expressed statutory limitation on remedies that might otherwise arise and therefore affects the enforcement landscape for affected parties.
Transitional regulations and retrospective effect with protections: Section 29 gives the Governor power to make savings and transitional regulations. Such regulations can have retrospective effect to the date of assent (s 29(2)), but the Act constrains this by protecting private rights from prejudicial retrospective effects (s 29(3)(a)-(b)). The enforcement impact is that transitional regulations may be used to clarify or operationalise rights and obligations during the handover but cannot impose prejudicial liabilities on private persons for pre-publication acts or omissions.
Administrative continuity and registries: By vesting assets and avoiding attornment requirements (s 27(5)), the Act reduces opportunities for administrative disputes over title transfer that could otherwise be litigated. The Minister’s conclusive confirmation power (s 27(4)) also reduces evidentiary disputes about transfer. Enforcement of leases, licences and contractual remedies will proceed against the transferee in the ordinary way.
In summary, the Act does not create a penalty apparatus. Its enforcement significance lies in procedural continuity for litigation and in statutory protections limiting compensation claims against the State. Practical enforcement actions flowing from existing obligations continue against the transferee under the substantive law that created those obligations.
How it interacts with other laws
The Act is structured to interact with and override certain aspects of other statutes, instruments and legal processes to achieve seamless transfer and avoid technical obstacles to assignment. Interaction is effected by explicit provisions and by the Act’s directives on construction.
Construction of references: Sections 6, 12, 16, 20 and 25 direct courts, agencies and private parties to construe references to the abolished bodies in other Acts, instruments or documents as references to the Crown or the Food Authority. This is an interpretative device that avoids the need for mass amendment of external instruments, and it has the effect of redirecting statutory powers and obligations to the Crown or named transferees.
Privative effect on contract terms: Section 27(3) specifies that the Act’s operation is not to be regarded as a breach of contract or confidence, and not as giving rise to remedy because of a change in ownership of assets or as an event of default under any contract. That provision therefore overrides, to the extent permitted by law, contractual anti-assignment clauses or default triggers that would otherwise be invoked on transfer. It is an express statutory override of contractual risk allocation in relation to assignment by operation of law.
Land transfers and application of other Acts: Section 19(3) makes a specific cross-reference to the Government Property NSW Act 2006 where land or interest in land is transferred to Government Property NSW. It requires Part 4 of that Act to apply to the transfer as if the transfer had occurred under that Act and as if the commencement date were the transfer date. That creates an integrated interaction with the land transfer and management regime set out in the Government Property NSW Act 2006.
Preservation of proceedings: Section 27(2)(c) ensures ongoing civil judicial processes continue with the transferee, providing a continuity of litigation framework across statutes. Courts will treat proceedings as continued by or against the transferee, so case management, judgment enforcement and other procedural aspects proceed under the ordinary rules but with a new party.
Interaction with public finance and funds legislation: The abolition of particular funds followed by transfer of balances into other public funds (s 7(2), s 11(2), s 21(2)) interacts with the financial control regimes that govern those receiving funds, including public auditing and appropriation rules. Monetary balances move from specialized accounts or funds into the Public Reserves Management Fund, the Food Authority Fund, or the Consolidated Fund, thereby subjecting those monies to the governance and appropriation rules applicable to those funds.
Crown Proceedings and liability law: The non-compensation clause (s 28) explicitly defines “State” by reference to the Crown Proceedings Act 1988 (s 28(2)). Interaction here includes limiting causes of action that might be premised on the operation of the Act, although the Act does not affect other avenues of civil liability that arise independent of the Act.
Regulatory saving and transitional power: Section 29 allows the Governor to make regulations of a savings or transitional nature consequent on the enactment of this Act, and permits them to take retrospective effect to the date of assent, subject to protections for private persons. Those regulations can interact with existing regime-specific laws to smooth transfers and ensure continuity of regulatory obligations.
Instruments and registration: Section 27(6) defines “instrument” broadly to include instruments that would create, modify or extinguish rights or liabilities if lodged, filed or registered. While s 27(2)(a) vests assets without the need for further conveyance, parties dealing with registered interests (for example titles, mortgages, or company charges) should consider how registries will record transfers; the Act’s ministerial confirmation power (s 27(4)) and the conclusive nature of such notices are likely to be used to facilitate such registration.
Overall, the Act pre-empts legal friction between institutional dissolution and the wider statute book by directing construction of references, overriding assignment-triggered contractual consequences, integrating with land transfer law, and permitting transitional regulations to be made for continuity.
Amendment history
The textual material supplied includes internal editorial notes and repeal notations, but the Act as presented is largely a stand-alone instrument effecting specific repeals and transfers. The supplied text refers to prior repeals and amendments in editorial notes attached to particular sections. The Act itself contains no schedule of amendments beyond those editorial notations.
Repeal notes and amendments in sections: Several sections include an editorial note indicating that earlier provisions repealed the statutes that originally established the abolished bodies. For example, the editorial note to s 8 records that s 8 repealed the Chipping Norton Lake Authority Act 1977, with the marginal note “s 8: Rep 1987 No 15, sec 30C.” Likewise, s 13’s editorial note states s 13 repealed the Dairy Industry Act 2000 and Dairy Industry Regulation 2010, with an annotation “s 13: Rep 1987 No 15, sec 30C.” Section 17 contains an editorial note indicating that subsection (1) repealed the Lake Illawarra Authority Act 1987 and the Lake Illawarra Authority Regulation 2012, and subsection (2) preserves the continued operation of s 16 of that Act in relation to pre-repeal applications (s 17(2)).
Schedule repeals: The Act notes that Schedules 1-3 are repealed (final line “Schedules 1-3 (Repealed)”), and section 26’s editorial note lists repeals of the Poultry Meat Industry Act 1986 and the Poultry Meat Industry Regulation 2008, with marginal references to amendment/repeal instruments.
Cross-references to subsequent legislation: Section 19(3) ties transfers of land or interests in land to the Government Property NSW Act 2006 by specifying that Part 4 of that Act applies to the transfers as if made under that Act. This is a textual cross-reference rather than an amendment, but it creates a legislative relationship with the Government Property NSW Act 2006.
No in-text amending schedule: The supplied text does not include a schedule that lists amendments to this Act itself, nor is there a tracked chronology of dates of amendment or commencement beyond the general commencement mechanism in s 2, which leaves commencement to proclamation.
Power to make transitional regulations: Section 29(1) grants the Governor power to make savings and transitional regulations subsequent to enactment. This is not an amendment history element, but it does provide for regulation-making that may, in effect, implement transitional modifications to legal relationships arising from the Act.
Editorial abbreviations referring to past amending instruments: The editorial notes use the form “Rep 1987 No 15, sec 30C” and “Am 1987 No 15, sec 30C” which appear to be references to the statutory instruments or amending acts in the historical record. The supplied text does not include the full amendment history, dates of those instruments or the legislative context for those editorial notes beyond the short citations.
In practice, anyone needing the full amendment or legislative history should consult the official consolidated statutes database or legislative history services to retrieve dates of proclamations, the text of repealed Acts, and any regulations made under s 29. The Act as supplied leaves commencement to proclamation (s 2), which means operative dates and any transitional regulations may be listed separately in the Government Gazette or on the NSW legislation website.
Litigation history
The supplied text contains no reference to case law, judicial interpretation, or litigation that has arisen under the Act. There are no sections that cite judicial decisions or indicate how courts have construed the Act. The Act itself is an enabling, machinery statute that is likely to give rise to administrative action rather than immediate novel legal questions, but if disputes arise (for example over the existence of transferred liabilities, registration of property transfers, or claims for compensation), the typical forum would be ordinary civil litigation or administrative law remedies. The text provides several provisions aimed at reducing litigation risk by continuity measures and the bar on compensation.
No reported cases in the Act text: The Act contains no named cases and no textual references to judicial interpretation. The developer instructions require that only cases named by the source be used. Since the source names none, the litigation history section must note that none is provided in the source material.
Litigation pathways preserved: Although the Act bars compensation by the State in s 28(1), it preserves the right to litigate existing proceedings by ensuring pending proceedings continue against the transferee (s 27(2)(c)). That provision implicitly preserves litigants’ procedural rights and does not extinguish substantive claims that are independent of any statutory bar.
Potential litigation points flagged by the Act: The Act anticipates common legal friction points and addresses them by statute: assignment and anti-assignment clauses and attornment are neutralised as legal obstacles to transfer (s 27(3), s 27(5)). Nonetheless, disputes could arise in practice over the scope of “assets, rights or liabilities” transferred, the status of contingent liabilities, or the application of s 28(1) where claimants argue for damages not “because of” the Act but of conduct occurring in the handover. Those are matters of legal interpretation that would be resolved by courts if litigated, but the text provides no judicial history.
Importance of ministerial notice as evidence: Section 27(4) makes ministerial confirmation conclusive evidence of transfer. If a dispute emerges about whether a particular asset or liability was transferred, courts may have to decide whether the Minister properly exercised the confirmation power, or whether a challenged position falls outside the confirmed transfer. The Act does not itself provide a dispute resolution mechanism beyond this evidentiary rule.
Given the absence of litigation materials in the supplied text, the concrete statement is that the Act contains no recorded litigation history in this source. Practitioners seeking case law should search court databases for subsequent disputes about transfers effected under this statute or for judicial interpretation of s 27(2)-(5) and s 28.
Gotchas
This Act contains several provisions that create practical pitfalls for practitioners who do not read the mechanics closely. These are not normative judgments but concrete statutory consequences and operational risks evident from the text.
Automatic vesting without conveyance may not equal automatic registry update: Section 27(2)(a) vests assets in the transferee without further conveyance, transfer or assignment. That removes the legal obligation to execute transfer instruments. However, registries for land, personal property securities, or corporate registers may still require entries to be made to reflect the new legal owner for commercial certainty. The Act gives ministerial confirmation power (s 27(4)) and directs land transfers of Ministerial Corporation holdings to Government Property NSW under Part 4 of that Act (s 19(3)). Practitioners should not assume that statutory vesting eliminates practical steps needed for registration and notice.
Employees and employment rights are only partially addressed: The Act explicitly deals with employees of the Dairy Industry Conference (s 10(4)) by ceasing their employment and preserving termination rights. No general staff-transfer regime is provided for the other abolished bodies. Where employees are not mentioned, automatic transfer of employment is not prescribed by the Act; continued employment, redundancy or transfer arrangements must be assessed against the common law, industrial instruments, or other statutes.
No compensation by the State for enactment or operation: Section 28(1) bars compensation by or on behalf of the State for enactment or operation of the Act. This is a broad bar and could limit remedies available to private parties who consider themselves prejudiced by the statutory transfer. The definition of “State” in s 28(2) is wide. Parties asserting entitlements that arise from contract or statute unrelated to the Act might still have remedies, but remedies premised on the Act’s operation are expressly excluded.
Anti-assignment and contractual default triggers are statutorily neutralised but not necessarily practically resolved: Section 27(3) states that the operation of the Act is not a breach or event of default under contracts that prohibit assignment. While this neutralises a legal argument that the transfer is a breach, counterparties may still seek to renegotiate or rely on other contractual termination grounds unconnected to assignment. The Act addresses only assignment-triggered remedies, not all contract termination scenarios.
Ministerial confirmation is “conclusive evidence”: Section 27(4) makes a Minister’s written notice conclusive evidence of a transfer. That evidentiary rule speeds administration but means that, legally, a ministerial notice will be very difficult to challenge in disputes about whether a particular transfer took place. Practitioners should be careful about relying solely on internal records where a formal ministerial confirmation is possible.
Transitional regulations can be retrospectively effective but with protections: Section 29 allows regulations to take effect from the date of assent, but s 29(3) protects private persons from prejudicial retrospective effects that impose liabilities or affect rights before publication. Still, transitional regulations could alter legal relationships from the date of assent in ways that affect administrative procedures or entitlement calculation, so tracking any regulations made under s 29 is critical.
References in other Acts and instruments are re-construed to the Crown or named agencies: Sections 6, 12, 16, 20 and 25 change the meaning of references to the abolished bodies across other legislation and instruments. This can produce unintended consequences in complex statutory schemes where the original body had specific powers or immunities that the Crown does not carry in identical terms. Practitioners should check whether the Crown’s legal capacity and statutory powers match those previously exercised by the abolished body.
Funds abolished and monies transferred could change appropriation or use rules: The transfers of balances from specialised funds to receiving public funds (Public Reserves Management Fund, Food Authority Fund, Consolidated Fund) may alter the purposes and appropriation rules that govern those balances. That shift can affect how monies can be spent, audited, or claimed against.
No express indemnity for past acts beyond vesting: Section 27(2)(d) treats prior acts and omissions as if done by the transferee, but the Act does not include an express indemnity for persons who acted on behalf of the transferor prior to transfer. Where disputes arise over the validity or consequences of historic acts, the transferee inherits the legal position but parties may still litigate the underlying acts.
These are specific operational and legal points that follow directly from the text and need active management by lawyers, accountants and agency administrators.
How to comply
Compliance with this Act is primarily an administrative and records-management exercise for public agencies, registries, counterparties and those holding or dealing with assets and liabilities of the dissolved bodies. The following concrete steps follow from the provisions and indicate practical compliance actions grounded in the Act’s text.
Identify transferred assets, rights and liabilities: Agencies or Crown entities designated as transferees (Crown generally, Food Authority, Government Property NSW) must compile inventories of assets, rights and liabilities that were held by the dissolved bodies immediately before dissolution, because s 27(2)(a)-(b) makes those items property of the transferee by operation of law. This includes land, money, securities, contracts, licences, pending claims and contingent liabilities.
Use ministerial confirmation where appropriate: The Minister may confirm transfers in writing and such confirmation is conclusive evidence (s 27(4)). Where registries or third parties require documentary proof of transfer, obtain and lodge ministerial confirmation notices to facilitate registrations and to satisfy commercial counterparties.
Update registers and public records: Even though vesting occurs without further conveyance (s 27(2)(a)), registries for land titles, personal property securities and corporate registers typically require entries to reflect new ownership. Apply for the necessary registrations, providing ministerial confirmation if requested. For land transferred to Government Property NSW, follow Part 4 of the Government Property NSW Act 2006 as required by s 19(3).
Notify counterparties and amend contracts where needed: Although the Act prevents the transfer from being treated as a breach or event of default (s 27(3)), it remains prudent to notify contractual counterparties of the transferee and update payment, notice and record-keeping details. This reduces practical friction and clarifies which party receives notices and performs obligations moving forward.
Manage ongoing litigation and claims: For each pending proceeding involving a dissolved body, ensure the transferee is substituted on court records pursuant to the continuance rule in s 27(2)(c). Administrative counsel should review pending claims and assess contingent liabilities, since the transferee inherits obligations and may need to budget for defence or settlement.
Address employment and termination entitlements: Where the Act expressly addresses employment (s 10(4) in relation to the Dairy Industry Conference), preserve and discharge termination entitlements as required by law and industrial instruments. For other employees not specifically mentioned, consult employment law and industrial instruments to determine whether redundancy, transfer or re-engagement obligations arise.
Deal with abolished funds and balances: Funds abolished by the Act (s 7(1), s 11(1), s 21(1)) transfer balances to designated receiving funds (s 7(2), s 11(2), s 21(2)). Financial officers must reconcile balances, transfer monies in accordance with the Act, and apply the governance, appropriation and audit rules that govern the receiving fund.
Track savings and transitional regulations: The Governor may make transitional regulations under s 29. Agencies and practitioners should monitor the NSW legislation website and the Government Gazette for regulations made under s 29 that may affect the effective date or operational treatment of transfers.
Review statutory references: Update internal policies, forms, websites and statutory instruments that refer to the abolished bodies so that references now point to the Crown or the named transferee as required by s 6, s 12, s 16, s 20 and s 25. This reduces legal uncertainty about delegated powers, approvals and obligations.
Risk manage contingent liabilities and indemnities: Although the Act provides that prior acts are taken as acts of the transferee (s 27(2)(d)), consider potential exposure from contingent claims and ensure appropriate legal reserves or insurance arrangements are in place. Note s 28(1) bars compensation by the State for the operation of the Act, but that does not extinguish ordinary contractual or tort liabilities that arise independent of the Act.
Communicate to stakeholders: Publish notices for stakeholders such as ratepayers, lessees and commercial counterparties about the change of party and where payments or notices should be directed. Even where attornment is not required (s 27(5)), early communication prevents practical disputes.
Legal documentation for complex instruments: For complex contracts that involve intellectual property, licences or regulated approvals, seek legal advice on whether further documentation is necessary to preserve rights that depend on express statutory powers or delegated authorities, since the Crown or transferee’s statutory power set may differ in detail from the abolished body.
Following these steps aligns operational practice to the statutory mechanics. The Act reduces the need for transfer formalities by operating transfers by law, but it does not remove the practical need to document, register and communicate the change of legal ownership to maintain clarity for public administration and commercial dealings.
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Chipping Norton Lake Authority is to be construed as a reference to the Crown.
7 Chipping Norton Lake Authority Working Account
7 Chipping Norton Lake Authority Working Account
7 Chipping Norton Lake Authority Working Account
(1) The Chipping Norton Lake Authority Working Account established under section 20 of the Chipping Norton Lake Authority Act 1977 is abolished.
(2) Any balance standing to the credit of that account immediately before its abolition is transferred to the Public Reserves Management Fund established under the Public Reserves Management Fund Act 1987.
8 (Repealed)
8 (Repealed)
8 (Repealed)
Editorial note—
Section 8 repealed the Chipping Norton Lake Authority Act 1977.
s 8: Rep 1987 No 15, sec 30C.
Part 3 Dissolution of New South Wales Dairy Industry Conference
Part 3 Dissolution of New South Wales Dairy Industry Conference
Part 3 Dissolution of New South Wales Dairy Industry Conference
9 Definitions
9 Definitions
9 Definitions
In this Part:
Dairy Industry Conference means the New South Wales Dairy Industry Conference constituted under the Dairy Industry Act 2000 as in force immediately before its repeal by this Part.
Food Authority means the NSW Food Authority constituted under the Food Act 2003.
10 Dissolution of Dairy Industry Conference
10 Dissolution of Dairy Industry Conference
10 Dissolution of Dairy Industry Conference
(1) The Dairy Industry Conference is dissolved.
(2) The persons who were members of the Dairy Industry Conference immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(3) The assets, rights and liabilities of the Dairy Industry Conference immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Food Authority.
(4) Any person employed by the Dairy Industry Conference under section 9 of the Dairy Industry Act 2000 ceases to be so employed on the commencement of this section. This subsection does not affect any rights that person may have on termination of employment.
11 Fund
11 Fund
11 Fund
(1) The fund established under section 16 of the Dairy Industry Act 2000 is abolished.
(2) Any balance standing to the credit of that fund immediately before its abolition is transferred to the Food Authority Fund established under section 117A of the Food Act 2003.
12 References to Dairy Industry Conference
12 References to Dairy Industry Conference
12 References to Dairy Industry Conference
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the New South Wales Dairy Industry Conference is to be construed as a reference to the Food Authority.
13 (Repealed)
13 (Repealed)
13 (Repealed)
Editorial note—
Section 13 repealed the Dairy Industry Act 2000 and the Dairy Industry Regulation 2010.
s 13: Rep 1987 No 15, sec 30C.
Part 4 Dissolution of Lake Illawarra Authority
Part 4 Dissolution of Lake Illawarra Authority
Part 4 Dissolution of Lake Illawarra Authority
14 Definition
14 Definition
14 Definition
In this Part:
Lake Illawarra Authority means the Lake Illawarra Authority constituted under the Lake Illawarra Authority Act 1987 as in force immediately before its repeal by this Part.
15 Dissolution of Lake Illawarra Authority
15 Dissolution of Lake Illawarra Authority
15 Dissolution of Lake Illawarra Authority
(1) The Lake Illawarra Authority is dissolved.
(2) The assets, rights and liabilities of the Lake Illawarra Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) Any advisory committees of the Lake Illawarra Authority are dissolved.
(4) The persons who were members of the Lake Illawarra Authority or any of its advisory committees immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
16 References to Lake Illawarra Authority
16 References to Lake Illawarra Authority
16 References to Lake Illawarra Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Lake Illawarra Authority is to be construed as a reference to the Crown.
17 Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
17 Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
17 Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
(1) (Repealed)
Editorial note—
Section 17 (1) repealed the Lake Illawarra Authority Act 1987 and the Lake Illawarra Authority Regulation 2012.
(2) The repeal of the Lake Illawarra Authority Act 1987 does not affect the continuing operation of section 16 of that Act in relation to applications for consent made under section 14 of that Act before the repeal of that Act.
s 17: Am 1987 No 15, sec 30C.
Part 5 Dissolution of Ministerial Corporation for Industry
Part 5 Dissolution of Ministerial Corporation for Industry
Part 5 Dissolution of Ministerial Corporation for Industry
18 Definition
18 Definition
18 Definition
In this Part:
Ministerial Corporation means the Ministerial Corporation for Industry constituted under the State Development and Industries Assistance Act 1966 as in force immediately before its repeal by this Part.
19 Dissolution of Ministerial Corporation
19 Dissolution of Ministerial Corporation
19 Dissolution of Ministerial Corporation
(1) The Ministerial Corporation is dissolved.
(2) Except as provided by subsection (3), the assets, rights and liabilities of the Ministerial Corporation immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) Any land, or interest in land, vested in the Ministerial Corporation immediately before its dissolution is transferred to Government Property NSW. Part 4 of the Government Property NSW Act 2006 applies to the transfer of any land or interest in the same way as if the land or interest was transferred to Government Property NSW under that Act and the date of commencement of this section were the transfer date.
20 References to Ministerial Corporation
20 References to Ministerial Corporation
20 References to Ministerial Corporation
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Ministerial Corporation for Industry is to be construed as a reference to the Crown.
21 Industries Assistance Fund
21 Industries Assistance Fund
21 Industries Assistance Fund
(1) The Industries Assistance Fund established under section 34IA of the State Development and Industries Assistance Act 1966 is abolished.
(2) Any balance standing to the credit of that fund immediately before its abolition is transferred to the Consolidated Fund.
22 (Repealed)
22 (Repealed)
22 (Repealed)
Editorial note—
Section 22 repealed the State Development and Industries Assistance Act 1966.
s 22: Rep 1987 No 15, sec 30C.
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
23 Definitions
23 Definitions
23 Definitions
In this Part:
Advisory Group means the Poultry Meat Industry Advisory Group established under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
Committee means the Poultry Meat Industry Committee constituted under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
24 Dissolution of Committee and Advisory Group
24 Dissolution of Committee and Advisory Group
24 Dissolution of Committee and Advisory Group
(1) The Committee and the Advisory Group are dissolved.
(2) The assets, rights and liabilities of the Committee immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3) The persons who were members of the Committee or the Advisory Group immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
25 References to Poultry Meat Industry Committee
25 References to Poultry Meat Industry Committee
25 References to Poultry Meat Industry Committee
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Committee is to be construed as a reference to the Crown.
26 (Repealed)
26 (Repealed)
26 (Repealed)
Editorial note—
Section 26 repealed the Poultry Meat Industry Act 1986 and the Poultry Meat Industry Regulation 2008.
s 26: Rep 1987 No 15, sec 30C.
sch 1: Rep 1987 No 15, sec 30C.
sch 2: Rep 1987 No 15, sec 30C.
sch 3: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.
Part 7 Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
27 Provisions relating to transfers of assets, rights and liabilities
27 Provisions relating to transfers of assets, rights and liabilities
27 Provisions relating to transfers of assets, rights and liabilities
(1) In this section, the statutory body from which any assets, rights or liabilities are transferred is called the transferor and the body to which they are transferred is the transferee.
(2) When any assets, rights or liabilities are transferred pursuant to Parts 2–6 of this Act, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become, by virtue of this section, the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer.
(3) The operation of this Act 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, rights 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, right or liability, or
(d) as an event of default under any contract or other instrument.
(4) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities. Such a notice is conclusive evidence of that transfer.
(5) No attornment to the transferee by a lessee from the transferor is required.
(6) In this section, instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
28 No compensation payable by State
28 No compensation payable by State
28 No compensation payable by State
(1) Compensation, including damages or any other form of monetary compensation, is not payable by or on behal
This is an opening excerpt, not the complete document.