ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60, 1991
ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - LONG TITLE
An Act to amend the Albury-Wodonga Development Act 1973 ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - PART 1 PART 1 - PRELIMINARY
ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 1 Short title etc.
(Assented to 20 May 1991) 1. (1) This Act may be cited as the Albury-Wodonga Development Amendment Act 1991. (Minister's second reading speech made in- House of Representatives on 13 March 1991 Senate on 16 April 1991) (2) In this Act, "Principal Act" means the Albury-Wodonga Development Act 1973.*1* *1* No. 189, 1973, as amended. For previous amendments, see No. 37, 1976; No. 36, 1978; No. 96, 1979; No. 63, 1984; No. 65, 1985; and No. 28, 1986. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 2 Commencement
2. (1) Sections 1, 2 and 5 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), section 18 commences on a day to be fixed by Proclamation. (3) If the commencement of section 18 is not fixed by Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that section is repealed on the first day after the end of that period. (4) The remaining provisions of this Act commence on a day to be fixed by Proclamation, not being a day earlier than the day on which the agreement referred to in section 6B of the Principal Act as amended by this Act is executed. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 3 Interpretation
3. Section 3 of the Principal Act is amended: (a) by omitting from the definition of "Agreement" in subsection (1) "agreement approved by section 6A" and substituting "agreements approved by sections 6A and 6B"; (b) by omitting from subsection (1) the definition of "appointed member" and substituting the following definition: "'appointed member' means a member other than the chief executive officer;"; (c) by omitting from subsection (1) the definition of "part-time member"; (d) by inserting in subsection (1) the following definitions: "'chief executive officer' means the highest ranked member of the staff of the Corporation, however designated; 'Council representative' means a member referred to in paragraph 10 (1) (c) or (d);". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 4 Act to bind Crown
4. Section 4 of the Principal Act is amended by omitting "or" and substituting "and". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 5
5. After section 6A of the Principal Act the following section is inserted: Approval of second amendment agreement "6B. If (whether before or after the commencement of this section) an agreement substantially in accordance with the form of agreement set out in Schedule 3 has been or is executed by the Commonwealth and the States of New South Wales and Victoria, the agreement is approved by the Parliament.". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 6
6. After section 8 of the Principal Act, the following section is inserted: Chief executive officer's function "8A. The chief executive officer is responsible for the day-to-day management of the Corporation's affairs.". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 7 Composition of Corporation
7. Section 10 of the Principal Act is amended: (a) by omitting subsections (1) and (2) and substituting the following subsections: "(1) The Corporation consists of: (a) the Chairperson; and (b) 2 Deputy Chairpersons; and (c) a representative of the Council of the City of Albury; and (d) a representative of the Council of the Rural City of Wodonga; and (e) 2 other members; and (f) the chief executive officer. "(2) The appointed members are to be appointed by the Governor-General."; (b) by omitting subsection (5). ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 8
8. After section 10 of the Principal Act the following section is inserted: Appointment of chief executive officer "10A. The chief executive officer is to be appointed by the appointed
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members, and holds office on terms and conditions determined by the appointed members.". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 9 Period of appointment of appointed members
9. Section 11 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) An appointed member is to be appointed on a part-time basis for a period not exceeding 3 years.". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 10 Remuneration and allowances for appointed members
10. Section 12 of the Principal Act is amended: (a) by omitting from subsection (1) "A member" and substituting "An appointed member"; (b) by omitting from subsection (2) "A member" and substituting "An appointed member"; (c) by omitting from subsection (3) "a part-time" and substituting "an appointed". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 11
11. Section 13 of the Principal Act is repealed. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 12 Dismissal of appointed members
12. Section 15 of the Principal Act is amended: (a) by omitting paragraphs (2) (a) and (b); (b) by omitting from paragraph (2) (c) "being a part-time member,". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 13 Condition of service - appointed member
13. Section 17 of the Principal Act is amended by omitting "members" and substituting "appointed members". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 14 Acting appointments
14. Section 18 of the Principal Act is amended: (a) by omitting from subsection (5) "part-time member" (first occurring) and substituting "member referred to in paragraph 10 (1) (e)"; (b) by omitting from subsection (5) "part-time" (second occurring); (c) by omitting from subsection (6) "part-time member" and substituting "member under subsection (5)"; (d) by inserting after subsection (6) the following subsections: "(6A) Where a Council representative is unable (whether on account of illness or otherwise) to attend the Corporation's meetings, the Australian Minister may appoint a member of the relevant Council to be an acting member during the Council representative's absence.
"(6B) Before the Australian Minister makes an appointment under subsection (6A), the Minister must seek advice from the relevant Council as to a possible acting member.
"(6C) An acting member appointed under subsection (6A) has all the functions, powers and duties of a Council representative.". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 15 Meetings
15. Section 19 of the Principal Act is amended: (a) by omitting from subsection (4) "members" and substituting "appointed members"; (b) by omitting from subsection (7) "members" and substituting "appointed members". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 16 Annual Report
16. Section 32 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph: "(a) prepare a report, in the form approved by the Minister for Finance, of: (i) the Corporation's operations; and (ii) the State Corporations' operations; during that year together with financial statements in respect of that year; and". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 17 Annual financial statement
17. Section 33 of the Principal Act is amended by omitting "financial statements" and inserting "Corporation's financial statements". ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 18
18. After section 21 of the Principal Act, the following section is inserted: Persons appointed under section 21 to have certain rights of entry into the Australian Public Service "22. (1) In this section, unless the contrary intention appears: 'Corporation officer' means a person who is an appointed officer of the Corporation; 'Department', 'office', 'Secretary' and 'Service' have the same respective meanings as they have in the Public Service Act; 'non-appellable promotion', 'promotion' and 'vacancy' have the same respective meanings as they have in Division 4 of Part III of the Public Service Act;
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'Public Service Act' means the Public Service Act 1922. "(2) Where, under section 50, 50DA or 50DB of the Public Service Act, notification of a vacancy in an office in a Department is given in the Gazette, a Corporation officer may apply for appointment to the office. "(3) Where: (a) a Corporation officer applies under subsection (2) for appointment to an office in a Department; and (b) the Secretary of the Department is satisfied that the Corporation officer should be appointed to the office; the Public Service Commissioner may appoint the Corporation officer to the office, in accordance with section 42 or 43 of the Public Service Act. "(4) Despite section 47 of the Public Service Act, the appointment of a Corporation officer to an office in a Department must not be an appointment on probation if the Corporation officer's appointment as an officer of the Corporation under section 21: (a) was an appointment without probation; or (b) was an appointment on probation and has been confirmed. "(5) Where the Public Service Commissioner appoints a Corporation officer to an office in a Department the following provisions have effect: (a) the provisions of Subdivision D of Division 4 of Part III of the Public Service Act and the provisions of the Merit Protection (Australian Government Employees) Act 1984 apply to and in relation to the appointment as if: (i) the appointment were a promotion (in this subsection referred to as the 'deemed promotion') of the Corporation officer to the office by the Secretary of the Department, being a promotion: (A) in a case where the appointment is in accordance with the advice of a Joint Selection Committee constituted for the purposes of section 50DA - made under section 50DA of the Public Service Act; or (B) in the case where the appointment is in accordance with the unanimous advice of a Joint Selection Committee constituted for the purposes of section 50DB of the Public Service Act - made under section 50DA of the Public Service Act; or (C) in any other case - made under section 50 of the Public Service Act; and (ii) the Corporation officer were an officer within the meaning of the Public Service Act; (b) the deemed promotion takes effect as provided for in section 50E of the Public Service Act; (c) except where paragraph (d) or (e) applies, the appointment does not take effect from the making of the appointment but takes effect on the day (if any) on which the deemed promotion takes effect; (d) where: (i) the deemed promotion is a non-appellable promotion; and (ii) an application for review of the deemed promotion by the Merit Protection and Review Agency has been lodged under subsection 50DA (1); and (iii) the Merit Protection and Review Agency makes a decision in writing under subparagraph 50DAA (3) (b) (i) affirming the promotion; the appointment does not take effect unless and until that decision is made; (e) where: (i) the deemed promotion is a non-appellable promotion; and (ii) an application for review of the deemed promotion by the Merit Protection and Review Agency has been lodged under subsection 50DAA (1); and (iii) the Merit Protection and Review Agency has recommended to the Secretary under subsection 50DAA (4) that the promotion be cancelled; the appointment does not take effect unless and until the Secretary makes a decision under subsection 50DAA (6) not to cancel the promotion; (f) the Corporation officer is taken to be absent from the Service on leave of absence without pay until he or she begins to perform the duties of the office; (g) if the Corporation officer does not begin to perform the duties of the office within a reasonable time after the appointment takes effect, the Public Service Commissioner or the Secretary of the Department may cancel the appointment. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 19 Transitional arrangements for existing members
19. (1) In this section, "appointed member" means an executive member or a member referred to in paragraph 10 (1) (e) of the Principal Act. (2) A person who was holding office as an appointed member of the Corporation immediately before the commencement of this Act, continues to hold office on the same terms and conditions as existed immediately before that commencement, but the Chairperson holds office on a part-time basis. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 20 Amendments to remove gender - specific language
20. The Principal Act is amended as set out in Schedule 1. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SECT 21 Addition to Schedule
21. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act. ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SCHEDULE 1
SCHEDULE 1 Section 20
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AMENDMENTS TO REMOVE GENDER - SPECIFIC LANGUAGE FROM THE PRINCIPAL ACT 1. The following provisions of the Principal Act are amended by omitting the word "Chairman" and substituting "Chairperson" (wherever occurring): subsections 3 (1) (definitions of "Chairman", "Deputy Chairman" and "executive member"), 10 (3), 18 (1), (2), (3) and (4), 19 (2), (3), (5) and (6). 2. In the following table, the provision of the Principal Act specified in Column 1 is amended by: (a) omitting the word or words constituting the entry or each entry in Column 2 of the item; and (b) if a word or words occur in Column 3 of the item opposite to such entry, substituting the word or words for the word or words constituting the entry. Column 1 Column 2 Column 3 Omit Substitute 5 (1) he the Minister 5 (2) him him or her 8 (3) he the Minister 10 (7) his the member's 11 (3) he the person 12 (1) he a member 12 (3) he (first occurring) he or she he (second occurring) the member he reasonably incurs by are reasonably incurred by reason of his being a member reason of the person being a member 14 his him or her him his or her 15 (1) (d) his (wherever occurring) his or her 16 (1) (c) his (wherever occurring) his or her 30 (2) , at his discretion, 30 (4) he the Minister 30 (5) him the Auditor-General 30 (6) him the Auditor-General 30 (7) him (first occurring) the Auditor-General 30 (7) furnish him with provide ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SCHEDULE 2
SCHEDULE 2 - SCHEDULE TO BE ADDED TO Section 21 THE PRINCIPAL ACT ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SCHEDULE 3
SCHEDULE 3 Section 6B ALBURY-WODONGA AREA DEVELOPMENT AGREEMENT AMENDMENT AGREEMENT (No. 2) AN AGREEMENT (to be called the "Albury-Wodonga Area Development Agreement Amendment Agreement (No. 2)") made this day of One thousand nine hundred and BETWEEN THE COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, and THE STATE OF VICTORIA. WHEREAS the Australian, New South Wales and Victorian Governments have agreed that certain amendments should be made to an agreement made between the parties on 23 October 1973 and called the "Albury-Wodonga Area Development Agreement", as amended by an agreement made between the parties on 4 September 1978 and called the "Albury-Wodonga Area Development Agreement Amendment Agreement (No. 1)", (hereinafter referred to as "the principal agreement"). NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows: 1. Unless the contrary intention appears, expressions used in this agreement have the same meanings as they have in the principal agreement. 2. This agreement, other than this clause, shall have no force or effect and shall not be binding on any of the parties unless and until it is approved by the Parliaments of Australia, the State of New South Wales and the State of Victoria, but upon being so approved by all of those Parliaments, it shall be of full force and effect and binding on the parties.Definitions 3. Clause 1 of the principal agreement is amended by: (a) deleting the definitions of: 'Approved Albury-Wodonga Development Plan'; 'Approved Financial Program'; 'Mayor of the City of Albury'; and 'Mayor of the Rural City of Wodonga'. (b) inserting the following definition after the definition of 'Australia': 'Comprehensive Forward Plan' means a plan approved by the Ministerial Council in accordance with clause 9 hereof. 4. Sub-clause 2 (6) of the principal agreement is amended by:
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(a) deleting paragraphs (a) and (b) and substituting the following paragraph: "(a) to carry out investigations and studies, consult with planning authorities and bodies in or having responsibility for the Area and advise such authorities and bodies on regional planning issues; and"; (b) altering the reference to paragraph (c) to paragraph (b).Ministerial Council 5. Sub-clause 4 (2) of the principal agreement is amended by deleting paragraph (a) and substituting the following paragraph: "(a) The members of the Ministerial Council will be the Australian Minister for Immigration, Local Government and Ethnic Affairs, the New South Wales Minister for Business and Consumer Affairs and the Victorian Minister for Manufacturing and Industry Development." Development Corporation 6. Clause 5 of the principal agreement is deleted and the following clause substituted: "5 (1) The Albury-Wodonga Development Corporation will be a corporation aggregate consisting of eight members, including an ex-officio member, who shall be the chief executive officer of the Development Corporation. (2) The members, excepting the ex-officio member, will be appointed by the Governor-General, or the person who is at the date of the relevant appointment the person administering the Government of Australia, acting with the advice of the Federal Executive Council, and will hold office - (a) on such terms and conditions as are set out in the Australian Act; and (b) subject to that Act, on such other terms and conditions as are determined from time to time by the Ministerial Council. (3) The Chairperson will be appointed on the recommendation of the Australian Minister and, subject to any provisions in the Australian Act concerning the Chairperson's removal from office, will hold office for such period, not exceeding three years, as is specified in the instrument of appointment and will be eligible for reappointment. (4) There will be two Deputy Chairpersons each of whom will be appointed on the recommendation of the Australian Minister, one on the nomination of each State Minister and, subject to any provisions in the Australian Act concerning the Deputy Chairperson's removal from office, will hold office for such period, not exceeding three years, as is specified in the instrument of appointment and will be eligible for reappointment. (5) Four of the members will be appointed on the recommendation of the Australian Minister and will comprise: (a) two members recommended by the New South Wales Minister with the concurrence of the Australian Minister, whether before or after the commencement of this sub-clause from the following persons: (i) one from a group of persons nominated, on a basis to be determined from time to time by the Ministerial Council; and (ii) one from the Council of the City of Albury. (b) two members recommended by the Victorian Minister with the concurrence of the Australian Minister, whether before or after the commencement of this sub-clause, from the following persons: (i) one from a group of persons nominated, on a basis to be determined from time to time by the Ministerial Council; and (ii) one from the Council of the Rural City of Wodonga. (6) A member appointed under sub-clause (5) of this clause will be appointed for a period, not exceeding three years, as is specified in the instrument of appointment. (7) The ex-officio member will be responsible for the detailed day-to-day management and activities of the Development Corporation. (8) The members will participate fully in meetings of the Development Corporation which they attend, but will not participate directly in the detailed day-to-day management and activities of the Development Corporation. (9) A quorum of the Development Corporation shall be constituted by a majority of the members for the time being holding office, provided that the presence of the ex-officio member shall not be counted for the purpose of determining whether a quorum exists.