New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Growth Centres (Development
Corporations) Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Growth Centres (Development Corporations) Act 1974 to
provide that development corporations constituted under that Act may be governed
either by a board or directly by a chief executive; and for other purposes.
Clause 1 Growth Centres (Development Corporations) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Growth Centres (Development Corporations) 3
Amendment Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Growth Centres (Development Corporations) Act 1974 7
No 49 8
The Growth Centres (Development Corporations) Act 1974 is amended 9
as set out in Schedule 1. 10
4 Repeal of Act 11
(1) This Act is repealed on the day following the day on which this Act 12
commences. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
assets means any legal or equitable estate or interest (whether 5
present or future, whether vested or contingent and whether 6
personal or assignable) in real or personal property of any 7
description (including money), and includes securities, choses in 8
action and documents. 9
board governed development corporation means a development 10
corporation that, as specified in Schedule 1, is governed by a 11
board. 12
chief executive governed development corporation means a 13
development corporation that, as specified in Schedule 1, is 14
governed by a chief executive. 15
exercise a function includes perform a duty. 16
function includes a power, authority or duty. 17
liabilities means any liabilities, debts or obligations (whether 18
present or future, whether vested or contingent and whether 19
personal or assignable). 20
rights means any rights, powers, privileges or immunities 21
(whether present or future, whether vested or contingent and 22
whether personal or assignable). 23
[2] Section 3 (1), definitions of "Chairperson", "chief executive" and 24
"member" 25
Omit the definitions of Chairperson, chief executive and member. 26
Insert instead, respectively: 27
Chairperson, in relation to a board governed development 28
corporation, means the chairperson of the board of the 29
development corporation. 30
chief executive means the chief executive of a development 31
corporation within the meaning of section 6B. 32
member, in relation to a board governed development 33
corporation, means a member of the board of the development 34
corporation, and includes the chief executive. 35
Page 3
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
[3] Sections 3 (2) (a), 7 (1) and (2) (a), 9 (2) (a), 13 (2) (b), 16 (1), 18 (3) and 1
22 (b) 2
Omit "was constituted" wherever occurring. Insert instead "is constituted". 3
[4] Part 2 4
Omit the Part. Insert instead: 5
Part 2 Constitution of development corporations 6
Division 1 General 7
4 Constitution of development corporations and growth centres 8
(1) There are constituted by this Act such development corporations 9
as are specified from time to time in Schedule 1. 10
(2) A development corporation is a body corporate with the 11
corporate name specified in column 1 of Schedule 1. 12
(3) The growth centre in respect of which a development corporation 13
is constituted is the area of land described in any manner 14
(including by reference to a description contained in another 15
document) in column 2 of Schedule 1 in relation to the 16
development corporation. 17
(4) A development corporation is to be either a chief executive 18
governed development corporation or a board governed 19
development corporation, as specified from time to time in 20
column 3 of Schedule 1. 21
(5) A development corporation is a NSW Government agency. 22
5 Amendment of Schedule 1 (Growth centres and development 23
corporations) 24
(1) The Governor may, by order published in the Gazette: 25
(a) constitute a development corporation by inserting the 26
name of a development corporation into column 1 of 27
Schedule 1 and inserting the nature of governance of the 28
development corporation (either "Board" or "Chief 29
executive") into column 3 of Schedule 1, or 30
(b) dissolve a development corporation by omitting the matter 31
relating to the development corporation from Schedule 1, 32
or 33
(c) change the name of a development corporation by 34
amending the name of the development corporation in 35
column 1 of Schedule 1, or 36
Page 4
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
(d) establish a growth centre by inserting a description of land 1
in column 2 of Schedule 1, or 2
(e) abolish a growth centre by omitting the description of land 3
of the growth centre from column 2 of Schedule 1, or 4
(f) alter a growth centre by amending the description of land 5
of the growth centre in column 2 of Schedule 1, or 6
(g) change the nature of governance of a development 7
corporation: 8
(i) from board governed to chief executive governed by 9
omitting the word "Board" from column 3 of 10
Schedule 1 and inserting instead the words "Chief 11
executive", or 12
(ii) from chief executive governed to board governed by 13
omitting the words "Chief executive" from 14
column 3 of Schedule 1 and inserting instead the 15
word "Board", or 16
(h) amalgamate 2 or more development corporations by 17
omitting all the matter relating to the development 18
corporations to be amalgamated from Schedule 1 and 19
inserting instead: 20
(i) in column 1 of that Schedule, the name of the 21
amalgamated development corporation, and 22
(ii) in column 2 of that Schedule, a description of the 23
growth centre in respect of which the amalgamated 24
development corporation is constituted, and 25
(iii) in column 3 of that Schedule, the nature of 26
governance of the amalgamated development 27
corporation (either "Board" or "Chief executive"). 28
(2) A development corporation may be constituted in respect of a 29
growth centre within any area (including, but not limited to, an 30
urban area or a rural area). 31
(3) Schedule 1A has effect with respect to orders made under this 32
section. 33
(4) An order under this section may contain provisions, not 34
inconsistent with the provisions of or made under Schedule 1A, 35
of a savings and transitional nature consequent on the making of 36
the order. 37
(5) The Governor may only make an order under subsection (1) (b) 38
to dissolve a development corporation on the recommendation of 39
the Minister. 40
Page 5
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
(6) The Minister is not to make such a recommendation to the 1
Governor unless the Minister is satisfied that the development 2
corporation concerned has substantially completed its planning 3
and development functions in respect of the growth centre for 4
which it is constituted. 5
(7) An order under this section must specify the date (being a date 6
that is on or after the date it is published in the Gazette) on which 7
it takes effect. However, if no date is specified in the order, the 8
order is taken to have specified the date on which it is published 9
in the Gazette as the date on which it takes effect. 10
Division 2 Constitution and procedure of development 11
corporations 12
6 Governance of development corporation 13
(1) The affairs of a development corporation are to be managed and 14
controlled by: 15
(a) if the development corporation is a chief executive 16
governed development corporation--the chief executive 17
of the development corporation, or 18
(b) if the development corporation is a board governed 19
development corporation--the chief executive, subject to 20
and in accordance with any directions given to the chief 21
executive by the board of the development corporation. 22
(2) In the exercise of its functions, a development corporation is, 23
except where it makes a recommendation to the Minister, subject 24
to the control and direction of the Minister. 25
6A Development corporation boards 26
(1) There is constituted a development corporation board for each 27
board governed development corporation. 28
(2) A development corporation board is to be called the "[name of 29
board governed development corporation] Board". 30
(3) A board of a development corporation is to consist of: 31
(a) not less than 4 persons appointed by the Governor, and 32
(b) the chief executive, and 33
(c) if a person is appointed as the chief executive under 34
section 6B--the Director-General (or a person nominated 35
by the Director-General). 36
Page 6
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
(4) The Governor may appoint a person to be a member of the board 1
of a development corporation before the order made under 2
section 5 (1) (a) relating to the development corporation takes 3
effect, but the term of office of any such member commences on 4
the date on which the order takes effect or a later date specified 5
in the order. 6
(5) Schedule 2 has effect in relation to board governed development 7
corporations. 8
6B Chief executives of development corporations 9
(1) The Minister is to appoint a chief executive for each development 10
corporation. 11
(2) If from time to time a vacancy exists in the office of a chief 12
executive of a development corporation, the Director-General is 13
to act in that position and while acting is taken to be the chief 14
executive of the development corporation. 15
(3) If the development corporation is a board governed development 16
corporation, the chief executive may be represented at any 17
meeting of the board by a person nominated for the time being by 18
the chief executive. In representing the chief executive, the 19
person nominated has and may exercise the same functions as the 20
chief executive has at such a meeting (including voting rights), 21
and is taken to be the chief executive. 22
(4) If the development corporation is a chief executive governed 23
development corporation: 24
(a) except when making a recommendation to the Minister, 25
the chief executive is, in the exercise of his or her 26
functions, subject to the control and direction of the 27
Minister, and 28
(b) any act, matter or thing done in the name of, or on behalf 29
of, the development corporation by the chief executive of 30
that development corporation is taken to have been done 31
by the development corporation. 32
(5) The employment of a chief executive appointed by the Minister 33
under subsection (1) is subject to Part 3.1 of the Public Sector 34
Employment and Management Act 2002, but is not subject to 35
Chapter 1A or 2 of that Act. 36
Page 7
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
[5] Part 3A, heading 1
Omit the heading to Part 3A. Insert instead: 2
Part 3A Establishment of Ministerial Development 3
Corporation 4
[6] Part 3A, Divisions 1 and 2 5
Omit the Divisions. 6
[7] Part 3A, Division 3, heading 7
Omit the heading. 8
[8] Section 23F Functions of Ministerial Development Corporation 9
Insert after section 23F (3): 10
(4) In this section, dissolved development corporation means a 11
development corporation which is dissolved by an order under 12
section 5 (1) (b). 13
[9] Section 33 Misuse of information 14
Insert "of the board" after "member" in section 33 (6) (a). 15
[10] Section 34 Disclosure of interest 16
Omit "development corporation, or a member of a committee or a 17
sub-committee of a development corporation" from section 34 (1). 18
Insert instead "board of a development corporation, or a member of a 19
committee or a sub-committee of such a board,". 20
[11] Section 34 (1) 21
Omit "the corporation, the committee or the sub-committee" wherever 22
occurring. 23
Insert instead "the board, committee or sub-committee". 24
[12] Section 34 (5) 25
Omit "a member, or a member of a committee or a sub-committee, of a 26
development corporation". 27
Insert instead "a member of a board of a development corporation, or a 28
member of a committee or a sub-committee of such a board,". 29
Page 8
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
[13] Section 34 (8) and (9) 1
Omit "development corporation or a committee or sub-committee of a 2
development corporation" wherever occurring. 3
Insert instead "board of a development corporation, or a committee or a 4
sub-committee of such a board,". 5
[14] Section 34 (9) 6
Omit "development corporation, committee or sub-committee". 7
Insert instead "board, committee or sub-committee". 8
[15] Section 34 (11) 9
Omit "member of a development corporation". 10
Insert instead "member of a board of a development corporation". 11
[16] Section 34 (11) 12
Omit "by the development corporation at a meeting of the development 13
corporation". 14
Insert instead "by the board of the development corporation at a meeting". 15
[17] Section 35B 16
Insert after section 35A: 17
35B Protection from personal liability 18
Anything done or omitted to be done by: 19
(a) a development corporation, or 20
(b) a board of a development corporation, or 21
(c) a chief executive of a development corporation, or 22
(d) a member of a board of a development corporation, or 23
(e) a person acting under the direction of a development 24
corporation or a board of a development corporation, or 25
(f) a person acting as a delegate of a development corporation, 26
if the thing was done or omitted to be done in good faith for the 27
purpose of executing this or any other Act, does not subject the 28
chief executive, the member of the board of the development 29
corporation or the person so acting personally to any action, 30
liability, claim or demand. 31
Page 9
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
[18] Schedules 1 and 1A 1
Omit Schedule 1. Insert instead: 2
Schedule 1 Growth centres and development 3
corporations 4
(Sections 4 and 5) 5
Column 1 Column 2 Column 3
Name of development Description of land of Nature of governance
corporation growth centre
Hunter Development All those pieces or parcels Board
Corporation of land within the local
government areas of
Cessnock, Dungog,
Gloucester, Great Lakes,
Lake Macquarie, Maitland,
Muswellbrook, Newcastle,
Port Stephens, Singleton
and Upper Hunter as at
1 January 2008.
Festival Development All those pieces or parcels Board
Corporation of land within the local
government area of the
City of Gosford being land
generally bounded by:
(a) the Pacific
Highway in the east
and south, and
(b) Kangoo Road in the
west and north,
as shown by thick black
edging on the map entitled
"Festival Development
Corporation", copies of
which are deposited at the
Department of Planning
(the map), but excluding:
(c) the residential area
at Kariong off Old
Mt Penang Road,
and
Page 10
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
Column 1 Column 2 Column 3
Name of development Description of land of Nature of governance
corporation growth centre
(d) the area designated
for occupation by
the Department of
Juvenile Justice,
and
(e) the public reserve
between Kangoo
Road and the
Pacific Highway in
the north-east,
as shown on the map.
Cooks Cove Development All those pieces or parcels Board
Corporation of land in the Parish of
St George, County of
Cumberland, as shown by
yellow colouring on the
map entitled "Cooks Cove
Development
Corporation", copies of
which are deposited in the
offices of the Sydney
Harbour Foreshore
Authority.
Growth Centres All those pieces or parcels Chief executive
Commission of land shown edged heavy
red on the map entitled
"North West Growth
Centre" and the map
entitled "South West
Growth Centre
(Version 2)", copies of
which are deposited in the
office of the Growth
Centres Commission.
Page 11
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
Schedule 1A Dissolutions, amalgamations and 1
changes of name or nature of 2
governance 3
(Section 5 (3)) 4
Part 1 General 5
1 Definitions 6
In this Schedule: 7
instrument means an instrument (other than this Act) that 8
creates, modifies or extinguishes rights or liabilities (or would do 9
so if lodged, filed or registered in accordance with any law), and 10
includes any judgment, order or process of a court. 11
transferee means the person or body to which any assets, rights 12
or liabilities are transferred. 13
transferor means the person or body from which any assets, 14
rights or liabilities are transferred. 15
2 Orders to which this Schedule applies 16
This Schedule applies to the following orders: 17
(a) an order under section 5 (1) (b) dissolving a development 18
corporation, 19
(b) an order under section 5 (1) (c) changing the name of a 20
development corporation, 21
(c) an order under section 5 (1) (g) (i) changing the nature of 22
governance of a development corporation from board 23
governance to chief executive governance, 24
(d) an order under section 5 (1) (h) amalgamating 2 or more 25
development corporations. 26
3 Effect of orders 27
(1) Dissolution orders 28
On and from the date specified in an order made under section 29
5 (1) (b) dissolving a development corporation: 30
(a) the development corporation is dissolved, and 31
(b) the chief executive of the development corporation ceases 32
to hold office, and 33
(c) in the case of a board governed development corporation, 34
the members of the board (other than the chief executive) 35
Page 12
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
cease to hold office, but are not entitled to be paid any 1
compensation by reason of ceasing to hold office, and 2
(d) the assets, rights and liabilities of the development 3
corporation are transferred to the Ministerial Development 4
Corporation, and 5
(e) Part 2 applies to that transfer. 6
(2) Amalgamation orders 7
On and from the date specified in an order made under section 8
5 (1) (h) for the amalgamation of 2 or more development 9
corporations: 10
(a) each development corporation amalgamated by the order 11
is dissolved, and 12
(b) the chief executive of each development corporation 13
amalgamated by the order ceases to hold office, and 14
(c) the members of any board governed development 15
corporation involved in the amalgamation (other than any 16
chief executive) cease to hold office, and: 17
(i) if the amalgamated corporation is a board governed 18
development corporation, are eligible (if otherwise 19
qualified) to be appointed as members of the board 20
of the amalgamated corporation, and 21
(ii) are not entitled to be paid any compensation by 22
reason of ceasing to hold office, and 23
(d) the assets, rights and liabilities of each amalgamating 24
development corporation are transferred to the 25
amalgamated development corporation, and 26
(e) Part 2 applies to that transfer. 27
(3) Name change orders 28
On and from the date specified in an order made under section 29
5 (1) (c) changing the name of a development corporation, Part 3 30
applies to that change of name. 31
(4) Change of governance orders 32
On and from the date specified in an order made under section 33
5 (1) (g) (i) changing the nature of governance of a development 34
corporation from board governance to chief executive 35
governance, the members of the board of the development 36
corporation (other than the chief executive) cease to hold office, 37
but are not entitled to be paid any compensation by reason of 38
ceasing to hold office. 39
Page 13
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
(5) Effect on compensation rights 1
Nothing in this Schedule affects any compensation rights to 2
which the chief executive of a dissolved or amalgamating 3
development corporation may be entitled under Part 3.1 of the 4
Public Sector Employment and Management Act 2002 as a 5
consequence of ceasing to hold office as such. 6
Part 2 Transfers 7
4 Vesting of undertaking in transferee 8
(1) When any assets, rights or liabilities are transferred by a transfer 9
to which this Part applies, the following provisions have effect: 10
(a) the assets of the transferor vest in the transferee by virtue 11
of this clause and without the need for any further 12
conveyance, transfer, assignment or assurance, 13
(b) the rights or liabilities of the transferor become by virtue 14
of this clause the rights or liabilities of the transferee, 15
(c) all proceedings relating to the assets, rights or liabilities 16
commenced before the transfer by or against the transferor 17
or a predecessor of the transferor and pending immediately 18
before the transfer are taken to be proceedings pending by 19
or against the transferee, 20
(d) any act, matter or thing done or omitted to be done in 21
relation to the assets, rights or liabilities before the transfer 22
by, to or in respect of the transferor is (to the extent to 23
which that act, matter or thing has any force or effect) 24
taken to have been done or omitted by, to or in respect of 25
the transferee, 26
(e) a reference in any Act, in any instrument made under any 27
Act or in any document of any kind to the transferor or a 28
predecessor of the transferor is (to the extent to which it 29
relates to those assets, rights or liabilities) taken to include 30
a reference to the transferee. 31
(2) The operation of this clause is not to be regarded: 32
(a) as a breach of contract or confidence or otherwise as a civil 33
wrong, or 34
(b) as a breach of any contractual provision prohibiting, 35
restricting or regulating the assignment or transfer of 36
assets, rights or liabilities, or 37
Page 14
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
(c) as giving rise to any remedy by a party to an instrument, or 1
as causing or permitting the termination of any instrument, 2
because of a change in the beneficial or legal ownership of 3
any asset, right or liability, or 4
(d) as an event of default under any contract or other 5
instrument. 6
(3) No attornment to the transferee by a lessee from the transferor is 7
required. 8
(4) A transfer is subject to the terms and conditions of the order 9
giving rise to the transfer. 10
(5) No compensation is payable to any person or body in connection 11
with a transfer to which this Part applies except to the extent (if 12
any) to which the order giving rise to the transfer so provides. 13
5 Date of vesting 14
A transfer to which this Part applies takes effect on the date 15
specified in the order giving rise to the transfer. 16
6 Consideration for vesting 17
The Minister may, by order in writing, specify the consideration 18
on which a transfer to which this Part applies is made and the 19
value or values at which the assets, rights or liabilities are 20
transferred. 21
7 No duties on transfer 22
Duty under the Duties Act 1997 is not chargeable for or in respect 23
of: 24
(a) a transfer to which this Part applies, or 25
(b) anything certified by the Minister as having been done in 26
consequence of such a transfer (for example, the transfer or 27
conveyance of an interest in land). 28
8 Confirmation of vesting 29
(1) The Minister may, by notice in writing, confirm a transfer of 30
particular assets, rights or liabilities by operation of this Part. 31
(2) Such a notice is conclusive evidence of that transfer. 32
Page 15
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
Part 3 Changes of name 1
9 Name changes do not affect status of service 2
A change of name of a development corporation by an order does 3
not operate: 4
(a) to create a new legal entity, or 5
(b) to prejudice or affect the identity of the body corporate 6
constituted as a development corporation or its continuity 7
as a body corporate, or 8
(c) to affect the property, or the rights or obligations, of the 9
development corporation, or 10
(d) to render defective any legal proceedings by or against the 11
development corporation, 12
and any legal proceedings that could have been continued or 13
commenced by or against the development corporation by its 14
former name may be continued or commenced by or against it by 15
its new name. 16
Part 4 Savings and transitional regulations 17
10 Regulations 18
(1) The regulations may contain other provisions of a savings or 19
transitional nature consequent on the making of an order to which 20
this Schedule applies. 21
(2) A provision referred to in subclause (1) which relates to a 22
particular order may, if the regulations so provide, take effect as 23
from the date of the order or a later day. 24
(3) To the extent to which a provision referred to in subclause (1) 25
takes effect from a date that is earlier than the date of its 26
publication in the Gazette, the provision does not operate so as: 27
(a) to affect, in a manner prejudicial to any person (other than 28
the State, an authority of the State or a development 29
corporation), the rights of that person existing before the 30
date of its publication in the Gazette, or 31
(b) to impose liabilities on any person (other than the State, an 32
authority of the State or a development corporation) in 33
respect of anything done or omitted to be done before the 34
date of its publication in the Gazette. 35
(4) A provision referred to in subclause (1) has, if the regulations so 36
provide, effect despite any other clause of this Schedule. 37
Page 16
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
[19] Schedule 2, heading and source reference 1
Omit the heading of, and source reference to, the Schedule. Insert instead: 2
Schedule 2 Provisions relating to the 3
constitution and procedure of board 4
governed development corporations 5
(Section 6A) 6
[20] Schedule 2, clauses 1A and 1B 7
Omit clause 1A. Insert instead: 8
1A Application of Schedule to Director-General and nominee 9
This Schedule (other than clause 9 (2)) applies to and in respect 10
of a person who is a member of the board of a development 11
corporation under section 6A (3) (c) in the same way as it applies 12
to and in respect of a chief executive of a board governed 13
development corporation. 14
1B Definitions 15
In this Schedule: 16
board means the board of the development corporation. 17
member means any member of the board. 18
[21] Schedule 2, clause 1 19
Omit "Chairperson of the development corporation". 20
Insert instead "Chairperson of the board". 21
[22] Schedule 2, clause 9 (1) 22
Omit the subclause. Insert instead: 23
(1) Subject to subclause (2), the quorum for a meeting of the board is: 24
(a) if the board has an even number of members--one half of 25
that number, and 26
(b) in any other case--a majority of its members. 27
Page 17
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
[23] Schedule 2, clauses 10-15 1
Omit clauses 10-14. Insert instead: 2
10 General procedure 3
The procedure for the calling of meetings of the board and for the 4
conduct of business at those meetings is, subject to this Act and 5
the regulations, to be as determined by the board. 6
11 Presiding member 7
(1) The Chairperson (or, in the absence of the Chairperson, a person 8
elected by the members of the board who are present at a meeting 9
of the board, not being the chief executive) is to preside at a 10
meeting of the board. 11
(2) The presiding member has a deliberative vote and, in the event of 12
an equality of votes, has a second or casting vote. 13
12 Voting 14
A decision supported by a majority of the votes cast at a meeting 15
of the board at which a quorum is present is the decision of the 16
board. 17
13 Transaction of business outside meetings or by telephone 18
(1) The board may, if it thinks fit, transact any of its business by the 19
circulation of papers among all the members of the board for the 20
time being, and a resolution in writing approved in writing by a 21
majority of those members is taken to be a decision of the board. 22
(2) The board may, if it thinks fit, transact any of its business at a 23
meeting at which members (or some members) participate by 24
telephone, closed-circuit television or other means, but only if 25
any member who speaks on a matter before the meeting can be 26
heard by the other members. 27
(3) For the purposes of: 28
(a) the approval of a resolution under subclause (1), or 29
(b) a meeting held in accordance with subclause (2), 30
the Chairperson and each member have the same voting rights as 31
they have at an ordinary meeting of the board. 32
(4) A resolution approved under subclause (1) is, subject to the 33
regulations, to be recorded in the minutes of the meetings of the 34
board. 35
Page 18
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
(5) Papers may be circulated among the members for the purposes of 1
subclause (1) by facsimile or other transmission of the 2
information in the papers concerned. 3
14 Minutes 4
The board must: 5
(a) cause full and accurate minutes to be kept of the 6
proceedings of each meeting of the board, and 7
(b) submit a copy of those minutes to the Minister within one 8
week after the date of the meeting. 9
15 Committees and sub-committees of boards 10
(1) The board may establish committees to assist it in the exercise of 11
its functions. 12
(2) The board (or a committee of a board referred to in subclause (1) 13
with the approval of the board) may establish sub-committees to 14
assist a committee in the exercise of such of the committee's 15
functions as are referred to the sub-committee by the board (or by 16
the committee with the approval of the board). 17
(3) It does not matter that any or all of the members of a committee 18
or a sub-committee are not members of the board. 19
(4) Unless determined otherwise by the board, the procedure of a 20
committee or a sub-committee is to be the same as for the board. 21
[24] Schedule 2, clause 19 (b) and (d) 22
Insert "the board of" before "the development corporation" wherever 23
occurring. 24
[25] Schedule 6 Savings, transitional and other provisions 25
Insert before clause 1: 26
Part 1 Preliminary 27
[26] Schedule 6 28
Insert at the end of clause 3 (1): 29
Growth Centres (Development Corporations) Amendment Act 2008 30
Page 19
Growth Centres (Development Corporations) Amendment Bill 2008
Schedule 1 Amendments
[27] Schedule 6, Part 2 1
Insert at the end of the Schedule: 2
Part 2 Growth Centres (Development 3
Corporations) Amendment Act 2008 4
4 Definition 5
In this Part, the amending Act means the Growth Centres 6
(Development Corporations) Amendment Act 2008. 7
5 Existing growth centres and development corporations 8
(1) The substitution of Part 2 of this Act by Schedule 1 [4] to the 9
amending Act does not affect: 10
(a) the status of any growth centre that existed immediately 11
before that substitution, and 12
(b) the corporate status of any development corporation that 13
existed immediately before that substitution, and each 14
such development corporation is the continuation of, and is 15
the same legal entity as, the development corporation 16
constituted under the same name before that substitution. 17
(2) On the substitution of Part 2 of this Act by Schedule 1 [4] to the 18
amending Act: 19
(a) each development corporation that existed immediately 20
before that substitution ceases to be a corporation 21
comprised of members and becomes a corporation without 22
members, and 23
(b) the members of each development corporation cease to 24
hold office as members of the corporation, but are not 25
entitled to be paid any compensation by reason of ceasing 26
to hold office, and 27
(c) each person holding office as the chief executive of a 28
development corporation immediately before that 29
substitution is taken to be appointed under section 6B of 30
this Act on the same terms and conditions on which, and 31
for the balance of the term for which, the person was 32
appointed, and 33
(d) a board is constituted for each such development 34
corporation (other than the Growth Centres Commission), 35
and 36
(e) each person who was an appointed member of such a 37
development corporation (other than the Growth Centres 38
Page 20
Growth Centres (Development Corporations) Amendment Bill 2008
Amendments Schedule 1
Commission) immediately before that substitution is taken 1
to have been appointed to that board under the relevant 2
provision of section 6A of this Act as if the amending Act 3
had been in force at the time of the appointment, and 4
(f) the Growth Centres Commission is taken to be a chief 5
executive governed development corporation. 6
6 Validation 7
Anything done before the commencement of the following 8
provisions that would have been validly done had those 9
provisions been in force when it was done is validated: 10
(a) section 5 (1) (c) of, and clause 2 of Schedule 1A to, this Act 11
(as inserted by the amending Act), 12
(b) Schedule 1 [3] to the amending Act. 13
7 Validation of certain resignations from Growth Centres 14
Commission 15
Any purported resignation by a member of the Growth Centres 16
Commission (in any form) is taken to be a valid resignation from 17
that office taking effect on and from its purported date. 18
Page 21
[Index] [Search] [Download] [Related Items] [Help]