Victorian Numbered Acts Victorian Numbered ActsAfter Part 3 of the Principal Act insert —
In this Part—
"allocation statement" means an allocation statement made under section 56D;
"designated project" means a project designated by the relevant Ministers under section 56B;
former agency property means property, rights or liabilities of the nominated agency that, under this Part, have vested in or become liabilities of Development Victoria;
"nominated agency" in relation to a project, means the public statutory body that is, immediately before the relevant date, responsible for managing or delivering the project;
nominated agency instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—
(a) to which the nominated agency was a party; or
(b) that was given to or in favour of the nominated agency; or
(c) that refers to the nominated agency; or
(d) under which—
(i) money is, or may become, payable to or by the nominated agency; or
(ii) other property is to be, or may become liable to be, transferred to or by the nominated agency;
"relevant date", in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the relevant Ministers under section 56C for the purposes of that statement;
"relevant Ministers" means—
(a) the Ministers administering this Act; and
(b) in relation to a project, the Minister administering the Act under which the project is being carried out, or under which the nominated agency is carrying out the project.
(1) The relevant Ministers, by instrument, may designate any project of a nominated agency as a designated project for the purposes of this Part.
(2) An instrument under this section must specify the nominated agency of the designated project.
The relevant Ministers, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 56D.
(1) Development Victoria and the nominated agency must give to the relevant Ministers and the Treasurer, within the period approved by the relevant Ministers and the Treasurer, a statement or statements approved by the Treasurer and the relevant Ministers relating to the property, rights and liabilities of the nominated agency in relation to a designated project as at the relevant date.
(2) A statement under this section in relation to a designated project—
(a) must allocate to Development Victoria all the property, rights and liabilities of the nominated agency which relate to the project; and
(b) must specify the provisions of Divisions 2, 3, 4, 5, 5A and 6 of Part 3 which are to apply in relation to the project; and
(c) must be signed on behalf of the nominated agency and Development Victoria.
(3) If a statement under this section is approved by the Treasurer and the relevant Ministers—
(a) the Treasurer and the relevant Ministers must sign the statement; and
(b) the statement is an allocation statement for the purposes of this Part.
(4) The Treasurer and the relevant Ministers may at any time direct the nominated agency and Development Victoria to amend a statement given to them under this section as specified in the direction.
(5) An allocation statement under this section may be amended in writing signed by the Treasurer and the relevant Ministers.
(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.
(1) A certificate signed on behalf of the nominated agency certifying that property, rights or liabilities of the nominated agency specified in the certificate have been allocated under an allocation statement to Development Victoria is, unless revoked under subsection (2), admissible in evidence in any proceedings and, in the absence of evidence to the contrary, proof—
(a) that the property, rights or liabilities have been so allocated; and
(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of Development Victoria on the relevant date.
(2) If the Treasurer and the relevant Ministers so direct the nominated agency in writing, the nominated agency must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.
(3) The nominated agency—
(a) must keep a register of certificates issued under this section; and
(b) must make the register reasonably available for inspection by Development Victoria or any other interested person.
On the relevant date—
(a) all property and rights of the nominated agency that are allocated under an allocation statement to Development Victoria vest in Development Victoria; and
(b) all liabilities of the nominated agency that are allocated under an allocation statement to Development Victoria become liabilities of Development Victoria; and
(c) all provisions of Division 2, 3, 4, 5, 5A or 6 of Part 3 that are specified in an allocation statement apply in relation to the project as if on the relevant date a project order had been made in relation to the project and that order had specified those provisions.
Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—
(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and
(b) the rights to which the nominated agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.
If, under an allocation statement, the rights and liabilities of the nominated agency under an agreement are allocated to Development Victoria—
(a) Development Victoria becomes, on the relevant date, a party to the agreement in place of the nominated agency; and
(b) on and after the relevant date, the agreement has effect as if Development Victoria had always been a party to the agreement.
Each nominated agency instrument relating to former agency property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the nominated agency were a reference to Development Victoria.
If, immediately before the relevant date, any proceeding relating to former agency property (including arbitration proceedings) to which the nominated agency was a party is pending or existing in any court or tribunal, then, on and after that date, Development Victoria is substituted for the nominated agency as a party to the proceeding and has the same rights in the proceeding as the nominated agency had.
Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the nominated agency is, in relation to former agency property, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after that date—
(a) Development Victoria is taken to be the registered proprietor of that interest in land; and
(b) Development Victoria has the same rights and remedies in respect of that interest as the nominated agency had.
On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the nominated agency.
(1) Documentary or other evidence that would have been admissible for or against the interests of the nominated agency in relation to former agency property if this Part had not been enacted, is admissible for or against the interests of Development Victoria.
(2) The Evidence Act 2008 applies with respect to the books of account of the nominated agency and to entries made in those books of account before the relevant date, whether or not they relate to former agency property, as if those books of account and entries were business records of Development Victoria.
(1) This section applies if a designated project is a nominated project within the meaning of the Project Development and Construction Management Act 1994 .
(2) Despite anything to the contrary in the Project Development and Construction Management Act 1994 , on the relevant date—
(a) the designated project, by force of this section, ceases to be a nominated project; and
(b) the nomination order under that Act that declares the designated project as a nominated project and any application order under that Act relating to the nominated project is, by force of this section, revoked.
(1) Nothing effected by this Part or done or suffered by the nominated agency, the State, a Minister or Development Victoria under this Part—
(a) is to be regarded as placing the nominated agency, the State, a Minister or Development Victoria in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d) releases any surety or other obligee wholly or in part from any obligation.
(2) The validity of any act or transaction of the nominated agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.
(3) In this section Act does not include the Charter of Human Rights and Responsibilities.".