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This is a Bill, not an Act. For current law, see the Acts databases.
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by proclamation. 5 3 Repeal of Redfern-Waterloo Authority Act 2004 No 107 6 The Redfern-Waterloo Authority Act 2004 is repealed. 7 Page 2 Redfern-Waterloo Authority Repeal Bill 2011 Amendment of Growth Centres (Development Corporations) Act 1974 Schedule 1 No 49 Schedule 1 Amendment of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Act 2004 as in 17 force immediately before its repeal. 18 Redfern-Waterloo Fund has the same meaning as in the 19 repealed Act. 20 repeal date means the date on which the Redfern-Waterloo 21 Authority Act 2004 is repealed by the Redfern-Waterloo 22 Authority Repeal Act 2011. 23 repealed Act means the Redfern-Waterloo Authority Act 2004. 24 SMDA means the Sydney Metropolitan Development Authority. 25 13 Dissolution of former Authority 26 (1) On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 Page 7
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