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This is a Bill, not an Act. For current law, see the Acts databases.


REDFERN-WATERLOO AUTHORITY REPEAL BILL 2011





                            New South Wales




Redfern-Waterloo Authority Repeal
Bill 2011


Contents

                                                                          Page
              1    Name of Act                                               2
              2    Commencement                                              2
              3    Repeal of Redfern-Waterloo Authority Act 2004 No 107      2
     Schedule 1    Amendment of Growth Centres (Development
                   Corporations) Act 1974 No 49                              3
     Schedule 2    Consequential amendment of other Acts                     7




b2011-114-12.d10
                              New South Wales




Redfern-Waterloo Authority Repeal
Bill 2011
No     , 2011


A Bill for

An Act to repeal the Redfern-Waterloo Authority Act 2004; to dissolve the
Redfern-Waterloo Authority and to transfer the assets, rights, liabilities and certain
functions of that Authority to the Sydney Metropolitan Development Authority; and
for other purposes.
Clause 1      Redfern-Waterloo Authority Repeal Bill 2011




The Legislature of New South Wales enacts:                                        1

 1    Name of Act                                                                 2

           This Act is the Redfern-Waterloo Authority Repeal Act 2011.            3

 2    Commencement                                                                4

           This Act commences on a day or days to be appointed by proclamation.   5

 3    Repeal of Redfern-Waterloo Authority Act 2004 No 107                        6

           The Redfern-Waterloo Authority Act 2004 is repealed.                   7




Page 2
Redfern-Waterloo Authority Repeal Bill 2011

Amendment of Growth Centres (Development Corporations) Act 1974         Schedule 1
No 49



Schedule 1             Amendment of Growth Centres                                     1
                       (Development Corporations) Act 1974                             2
                       No 49                                                           3

[1]   Schedule 6 Savings, transitional and other provisions                            4

      Insert at the end of clause 3 (1):                                               5
                    Redfern-Waterloo Authority Repeal Act 2011                         6

[2]   Schedule 6                                                                       7

      Insert after Part 3:                                                             8


      Part 4        Redfern-Waterloo Authority Repeal Act                              9
                    2011                                                              10

       12    Definitions                                                              11

                    In this Part:                                                     12
                    ATPSL means Australian Technology Park Sydney Limited             13
                    (ACN 060 969 119) and, if the name of that company is duly        14
                    changed, includes the company under its changed name.             15
                    former Authority means the Redfern-Waterloo Authority             16
                    constituted under the Redfern-Waterloo Authority Act 2004 as in   17
                    force immediately before its repeal.                              18
                    Redfern-Waterloo Fund has the same meaning as in the              19
                    repealed Act.                                                     20
                    repeal date means the date on which the Redfern-Waterloo          21
                    Authority Act 2004 is repealed by the Redfern-Waterloo            22
                    Authority Repeal Act 2011.                                        23
                    repealed Act means the Redfern-Waterloo Authority Act 2004.       24
                    SMDA means the Sydney Metropolitan Development Authority.         25

       13    Dissolution of former Authority                                          26

             (1)    On the repeal date, the former Authority is dissolved.            27

             (2)    On the repeal date:                                               28
                    (a) each person appointed as a member of the Board of the         29
                          former Authority ceases to hold office as such a member,    30
                          and                                                         31
                    (b) each person appointed as a member of an advisory              32
                          committee under section 12 of the repealed Act ceases to    33
                          hold office as such a member.                               34




                                                                             Page 3
                 Redfern-Waterloo Authority Repeal Bill 2011

Schedule 1       Amendment of Growth Centres (Development Corporations) Act 1974
                 No 49



              (3)   A person who ceases to hold office under this clause is not              1
                    entitled to any remuneration or compensation because of the loss         2
                    of that office.                                                          3

              (4)   On the repeal date, any member of staff of the Office of the             4
                    former Authority is transferred to the Office of SMDA.                   5

              (5)   On and from the repeal date, a reference in any Act, in any              6
                    instrument made under an Act or in a document of any kind:               7
                     (a) to the former Authority is to be construed as a reference to        8
                          SMDA, or                                                           9
                    (b) to the Office of the former Authority (in relation to any           10
                          member of staff transferred under subclause (4)) is to be         11
                          construed as a reference to the Office of SMDA.                   12

         14   Abolition of Redfern-Waterloo Fund                                            13

              (1)   On the repeal date, the Redfern-Waterloo Fund is abolished.             14

              (2)   A reference in this Part to the assets, rights and liabilities of the   15
                    former Authority extends to assets, rights and liabilities in           16
                    connection with the Redfern-Waterloo Fund.                              17

         15   Transfer of assets, rights and liabilities of former Authority                18

              (1)   On the repeal date, the assets, rights and liabilities of the former    19
                    Authority are transferred to SMDA.                                      20

              (2)   Part 2 of Schedule 1A has effect in relation to the transfer under      21
                    this clause as if a reference in that Part to an order were a           22
                    reference to this clause.                                               23

         16   Subsequent transfer of specified assets, rights and liabilities by            24
              order                                                                         25

              (1)   The Minister may, by order in writing, transfer to another public       26
                    sector agency any assets, rights and liabilities transferred to         27
                    SMDA under clause 15 that are specified or referred to in the           28
                    order.                                                                  29

              (2)   Part 2 of Schedule 1A has effect in relation to a transfer under this   30
                    clause as if a reference in that Part to an order were a reference to   31
                    an order under this clause.                                             32

              (3)   This clause does not apply to the asset consisting of the interest,     33
                    transferred under clause 15, that SMDA has in ATPSL.                    34

              (4)   In this clause, public sector agency means any of the following:        35
                     (a) the State (including the Crown in right of the State),             36
                    (b) a Minister,                                                         37



Page 4
Redfern-Waterloo Authority Repeal Bill 2011

Amendment of Growth Centres (Development Corporations) Act 1974        Schedule 1
No 49



                    (c)    the Ministerial Development Corporation,                     1
                    (d)    the Ministerial Holding Corporation constituted by the       2
                           State Owned Corporations Act 1989,                           3
                    (e)    a State owned corporation within the meaning of the State    4
                           Owned Corporations Act 1989,                                 5
                     (f)   a public authority of the State,                             6
                    (g)    any other person acting on behalf of the State (or the       7
                           Crown in right of the State).                                8

             (5)    An order may not be made under this clause more than 2 years        9
                    after the commencement of this clause.                             10

       17    Australian Technology Park Sydney Limited                                 11

             (1)    On and from the repeal date, SMDA has such functions as are        12
                    necessary or convenient for the purposes of managing the affairs   13
                    of ATPSL.                                                          14

             (2)    Those functions are additional to the functions that SMDA has,     15
                    as a development corporation, under this or any other Act.         16

             (3)    However, SMDA cannot:                                              17
                    (a) sell or dispose of an interest in ATPSL, or                    18
                    (b) approve of another person becoming a member of ATPSL.          19

             (4)    ATPSL may continue to exercise any function that it could          20
                    exercise immediately before the repeal date.                       21

       18    Development contributions                                                 22

             (1)    This clause applies on and from the repeal date.                   23

             (2)    Sections 30-32 of the repealed Act continue to have effect.        24

             (3)    A reference in those sections or in any related contributions      25
                    instrument to payment of money into the Redfern-Waterloo           26
                    Fund is taken to be a reference to payment into a fund used by     27
                    SMDA for the purposes of those sections.                           28

             (4)    A reference in section 32 of the repealed Act or in any related    29
                    contributions instrument:                                          30
                    (a) to the former Authority is taken to be a reference to          31
                          SMDA, or                                                     32
                    (b) to the Minister administering the repealed Act is taken to     33
                          be a reference to the Minister administering this Act.       34




                                                                            Page 5
                Redfern-Waterloo Authority Repeal Bill 2011

Schedule 1      Amendment of Growth Centres (Development Corporations) Act 1974
                No 49



              (5)   For the purposes of enabling SMDA to enter into a planning            1
                    agreement under Division 6 of Part 4 of the Environmental             2
                    Planning and Assessment Act 1979, any public notice given or          3
                    other action taken by the former Authority for the purposes of the    4
                    agreement, is taken to have been given or taken by SMDA.              5

              (6)   In this clause, related contributions instrument means any of the     6
                    following:                                                            7
                     (a) any condition referred to in section 30 or 31 of the repealed    8
                           Act,                                                           9
                    (b) any contributions plan referred to in section 32 of the          10
                           repealed Act,                                                 11
                     (c) any planning agreement entered into under section 28A of        12
                           the repealed Act.                                             13

         19   Saving of Redfern-Waterloo Plan                                            14

              (1)   The Redfern-Waterloo Plan is taken to be an approved scheme:         15
                    (a) for any part of the growth centre in respect of which            16
                         SMDA is constituted that is within the operational area,        17
                         and                                                             18
                    (b) to the extent that the Plan contains proposals of the kind       19
                         referred to in section 7 (2) (a).                               20

              (2)   This clause ceases to have effect when another approved scheme       21
                    for the growth centre in respect of which SMDA is constituted        22
                    takes effect.                                                        23

              (3)   In this clause:                                                      24
                    operational area has the same meaning as under the repealed          25
                    Act.                                                                 26
                    Redfern-Waterloo Plan means the plan of that name, as in force       27
                    immediately before the repeal date, under section 27 of the          28
                    repealed Act.                                                        29

         20   Matters affecting the Aboriginal Housing Company and "the                  30
              Block"                                                                     31

              (1)   Section 33 of the repealed Act continues to have effect as if a      32
                    reference to the Minister administering the repealed Act were a      33
                    reference to the Minister administering this Act.                    34

              (2)   This clause ceases to have effect when the area of land bounded      35
                    by Eveleigh, Caroline, Louis and Vine Streets, Redfern, ceases to    36
                    be within the growth centre in respect of which SMDA is              37
                    constituted.                                                         38




Page 6
Redfern-Waterloo Authority Repeal Bill 2011

Consequential amendment of other Acts                                 Schedule 2




Schedule 2             Consequential amendment of other Acts                           1


2.1 Fines Act 1996 No 99                                                               2

      Schedule 1 Statutory provisions under which penalty notices issued               3

      Omit the following:                                                              4

                    Redfern-Waterloo Authority Act 2004, section 47                    5

2.2 Public Finance and Audit Act 1983 No 152                                           6

      Schedule 2 Statutory bodies                                                      7

      Omit "Redfern-Waterloo Authority".                                               8

2.3 Public Sector Employment and Management Act 2002 No 43                             9

      Schedule 1 Divisions of the Government Service                                  10

      Omit the matter relating to the Office of the Redfern-Waterloo Authority from   11
      Division 2 of Part 1.                                                           12

2.4 Statute Law (Miscellaneous Provisions) Act (No 2) 2008                            13
    No 114                                                                            14

      Schedule 2 Amendments by way of statute law revision                            15

      Omit Schedule 2.23.                                                             16




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