Table Of Contents

Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014 No 26

An Act to dissolve certain statutory bodies and provide for the transfer of their assets, rights, liabilities and functions; and for other purposes.
Part 1 Preliminary
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Definitions
(1)  In this Act:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
(2)  Notes included in this Act do not form part of this Act.
Part 2 Dissolution of Chipping Norton Lake Authority
4   Definition
In this Part:
Chipping Norton Lake Authority means the Chipping Norton Lake Authority constituted by the Chipping Norton Lake Authority Act 1977 as in force immediately before its repeal by this Part.
5   Dissolution of Authority
(1)  The Chipping Norton Lake Authority is dissolved.
(2)  The assets, rights and liabilities of the Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
6   References to Chipping Norton Lake Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Chipping Norton Lake Authority is to be construed as a reference to the Crown.
7   Chipping Norton Lake Authority Working Account
(1)  The Chipping Norton Lake Authority Working Account established under section 20 of the Chipping Norton Lake Authority Act 1977 is abolished.
(2)  Any balance standing to the credit of that account immediately before its abolition is transferred to the Public Reserves Management Fund established under the Public Reserves Management Fund Act 1987.
Part 3 Dissolution of New South Wales Dairy Industry Conference
9   Definitions
In this Part:
Dairy Industry Conference means the New South Wales Dairy Industry Conference constituted under the Dairy Industry Act 2000 as in force immediately before its repeal by this Part.
Food Authority means the NSW Food Authority constituted under the Food Act 2003.
10   Dissolution of Dairy Industry Conference
(1)  The Dairy Industry Conference is dissolved.
(2)  The persons who were members of the Dairy Industry Conference immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(3)  The assets, rights and liabilities of the Dairy Industry Conference immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Food Authority.
(4)  Any person employed by the Dairy Industry Conference under section 9 of the Dairy Industry Act 2000 ceases to be so employed on the commencement of this section. This subsection does not affect any rights that person may have on termination of employment.
11   Fund
(1)  The fund established under section 16 of the Dairy Industry Act 2000 is abolished.
(2)  Any balance standing to the credit of that fund immediately before its abolition is transferred to the Food Authority Fund established under section 117A of the Food Act 2003.
12   References to Dairy Industry Conference
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the New South Wales Dairy Industry Conference is to be construed as a reference to the Food Authority.
Part 4 Dissolution of Lake Illawarra Authority
14   Definition
In this Part:
Lake Illawarra Authority means the Lake Illawarra Authority constituted under the Lake Illawarra Authority Act 1987 as in force immediately before its repeal by this Part.
15   Dissolution of Lake Illawarra Authority
(1)  The Lake Illawarra Authority is dissolved.
(2)  The assets, rights and liabilities of the Lake Illawarra Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3)  Any advisory committees of the Lake Illawarra Authority are dissolved.
(4)  The persons who were members of the Lake Illawarra Authority or any of its advisory committees immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
16   References to Lake Illawarra Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Lake Illawarra Authority is to be construed as a reference to the Crown.
17   Repeal of Lake Illawarra Authority Act 1987 No 285 and Lake Illawarra Authority Regulation 2012
(1)  The Lake Illawarra Authority Act 1987 and the Lake Illawarra Authority Regulation 2012 are repealed.
(2)  The repeal of the Lake Illawarra Authority Act 1987 does not affect the continuing operation of section 16 of that Act in relation to applications for consent made under section 14 of that Act before the repeal of that Act.
Part 5 Dissolution of Ministerial Corporation for Industry
18   Definition
In this Part:
Ministerial Corporation means the Ministerial Corporation for Industry constituted under the State Development and Industries Assistance Act 1966 as in force immediately before its repeal by this Part.
19   Dissolution of Ministerial Corporation
(1)  The Ministerial Corporation is dissolved.
(2)  Except as provided by subsection (3), the assets, rights and liabilities of the Ministerial Corporation immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3)  Any land, or interest in land, vested in the Ministerial Corporation immediately before its dissolution is transferred to Government Property NSW. Part 4 of the Government Property NSW Act 2006 applies to the transfer of any land or interest in the same way as if the land or interest was transferred to Government Property NSW under that Act and the date of commencement of this section were the transfer date.
20   References to Ministerial Corporation
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Ministerial Corporation for Industry is to be construed as a reference to the Crown.
21   Industries Assistance Fund
(1)  The Industries Assistance Fund established under section 34IA of the State Development and Industries Assistance Act 1966 is abolished.
(2)  Any balance standing to the credit of that fund immediately before its abolition is transferred to the Consolidated Fund.
Part 6 Dissolution of Poultry Meat Industry Committee and Poultry Meat Industry Advisory Group
23   Definitions
In this Part:
Advisory Group means the Poultry Meat Industry Advisory Group established under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
Committee means the Poultry Meat Industry Committee constituted under the Poultry Meat Industry Act 1986 as in force immediately before its repeal by this Part.
24   Dissolution of Committee and Advisory Group
(1)  The Committee and the Advisory Group are dissolved.
(2)  The assets, rights and liabilities of the Committee immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3)  The persons who were members of the Committee or the Advisory Group immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
25   References to Poultry Meat Industry Committee
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Committee is to be construed as a reference to the Crown.
Part 7 Miscellaneous
27   Provisions relating to transfers of assets, rights and liabilities
(1)  In this section, the statutory body from which any assets, rights or liabilities are transferred is called the transferor and the body to which they are transferred is the transferee.
(2)  When any assets, rights or liabilities are transferred pursuant to Parts 2–6 of this Act, the following provisions have effect:
(a)  the assets of the transferor vest in the transferee by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance,
(b)  the rights or liabilities of the transferor become, by virtue of this section, the rights or liabilities of the transferee,
(c)  all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d)  any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e)  the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer.
(3)  The operation of this Act is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d)  as an event of default under any contract or other instrument.
(4)  The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities. Such a notice is conclusive evidence of that transfer.
(5)  No attornment to the transferee by a lessee from the transferor is required.
(6)  In this section, instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
28   No compensation payable by State
(1)  Compensation, including damages or any other form of monetary compensation, is not payable by or on behalf of the State because of the enactment or operation of this Act, or for any consequence of that enactment or operation.
(2)  In this section, the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes a public sector agency of the State and an officer, employee or agent of the Crown or a public sector agency of the State.
29   Savings and transitional regulations
(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Schedule 1 Amendment of Film and Television Office Act 1988 No 18
[1]   Long title
Omit the long title. Insert instead:
  
An Act relating to the New South Wales film and television industry.
[2]   Section 1 Name of Act
Omit “Office”. Insert instead “Industry”.
[3]   Section 3 Definitions
Omit the definitions of Board, chief executive officer and Office from section 3 (1).
[4]   Section 3 (1)
Insert in alphabetical order:
  
Advisory Committee means the Film and Television Industry Advisory Committee established under section 5.
Department means the Department of Trade and Investment, Regional Infrastructure and Services.
Secretary means the Secretary of the Department.
[5]   Section 3A
Insert after section 3:
  
3A   Objects
The objects of this Act are to assist, promote and strengthen the film and television industry in New South Wales so as to promote Australia’s cultural identity, encourage the employment of Australians in all aspects of film and television production, encourage investment in the industry, enhance the industry’s export potential, encourage innovation and enhance quality in the industry.
[6]   Part 2
Omit the Part. Insert instead:
  
Part 2 Assistance to film and television industry
4   Functions of Secretary
(1)  The Secretary has the following functions under this Act:
(a)  to provide financial and other assistance to the film and television industry in carrying out the industry’s activities in New South Wales and to disseminate information about those activities,
(b)  to provide financial and other assistance for persons (including directors, producers, actors, writers and technicians) whose work in the film and television industry merits encouragement,
(c)  to provide financial and other assistance for script and project development for film and television,
(d)  to contribute, financially and otherwise, to the work of film festivals and markets,
(e)  to assist in the promotion of public interest in film as a medium of communication and as an art form and in the development of an informed and critical film audience,
(f)  to provide policy and support services and advice to Government agencies on the production of films and sound recordings,
(g)  to undertake the production of films or sound recordings on behalf of the State or for any other person, body or organisation (including any Government agency),
(h)  to carry out such obligations and responsibilities determined by the Minister as may be necessary for the maintenance and administration of the film catalogue vested in the State.
(2)  The Secretary has the power to do all things that may be necessary or convenient to be done for or in connection with the exercise of the Secretary’s functions, including, but not limited to, the power to impose such charges or fees in respect of access to, or use of, any of the resources, facilities or services of the Department as the Secretary thinks fit.
(3)  The Secretary may delegate to an employee of the Department any of the Secretary’s functions under this Act other than this power of delegation.
5   Advisory Committee
(1)  There is to be a Film and Television Industry Advisory Committee comprising members appointed by the Minister.
(2)  The composition of the Advisory Committee is to be determined by the regulations.
(3)  The Advisory Committee has the following functions:
(a)  to advise the Minister on the operation of the film and television industry in New South Wales,
(b)  any other functions prescribed by the regulations or agreed between the Minister and the Advisory Committee.
(4)  The regulations may make provision for or with respect to the members and procedure of the Advisory Committee.
[7]   Part 3 Financial provisions
Omit the Part.
[8]   Sections 9, 10 and 11
Omit the sections.
[9]   Section 9A
Omit the section. Insert instead:
  
9A   Personal liability
A matter or thing done or omitted to be done by the Secretary, a member of the Advisory Committee or any person acting under the direction of the Secretary or a member of the Advisory Committee does not, if the matter or thing was done or omitted in good faith for the purpose of executing this Act, subject the Secretary, member or person so acting personally to any action, liability, claim or demand.
[10]   Schedule 1 Savings, transitional and other provisions
Omit clause 1 (1). Insert instead:
  
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.
[11]   Schedule 1, Part 5
Insert after Part 4:
  
Part 5 Provisions consequent on enactment of Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014
9   Dissolution of bodies and transfer of assets etc
(1)  The following bodies established under this Act are dissolved:
(a)  the New South Wales Film and Television Office (the Office),
(b)  the Board of the New South Wales Film and Television Office (the Board).
(2)  The assets, rights and liabilities of the Office immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.
(3)  Section 27 of the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014 applies to the transfer of the assets, rights and liabilities of the Office by the operation of this clause and so applies as if it were a transfer pursuant to Parts 2–6 of that Act when this clause takes effect.
(4)  The persons who were members of the Board immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(5)  In this clause:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
10   References to New South Wales Film and Television Office
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the New South Wales Film and Television Office is to be construed as a reference to the Crown.
11   New South Wales Film and Television Office Account
(1)  The New South Wales Film and Television Office Account established under section 7 is abolished.
(2)  Any balance standing to the credit of that account immediately before its abolition is transferred to the Consolidated Fund.
[12]   Schedule 2 Provisions relating to constitution and procedure of Board
Omit the Schedule.
Schedule 2 Amendment of Homebush Motor Racing (Sydney 400) Act 2008 No 106
[1]   Long title
Omit “to constitute the Homebush Motor Racing Authority and to confer functions on the Authority;”.
[2]   Section 3 Definitions
Omit the definitions of Advisory Board, Authority and Chief Executive Officer from section 3 (1).
[3]   Section 3 (1)
Insert in alphabetical order:
  
Destination NSW means Destination NSW as constituted under Part 2 of the Destination NSW Act 2011.
[4]   Sections 3 (1) (definition of “race promoter”), 13, 14 (4), 15–19, 21–25, 32 (1) (b) and (d) and (3), 34 (1) (b), 35 (3), 37 (3) and (4), 38 (2)–(7) and 43 (2) (h) and (i)
Omit “the Authority” and “The Authority” wherever occurring.
Insert instead “Destination NSW”.
[5]   Part 2
Omit the Part. Insert instead:
  
Part 2 Functions of Destination NSW
4   Functions of Destination NSW
The functions of Destination NSW under this Act include the following:
(a)  such functions relating to the preparation for, the management and conduct of, and the works associated with, a Homebush motor race as are conferred on it by or under this or any other Act,
(b)  to liaise with the New South Wales Government, the race promoter and any other persons Destination NSW considers relevant to the preparation for, the management and conduct of, and the works associated with, a Homebush motor race,
(c)  to consult with relevant government agencies on matters relating to a Homebush motor race,
(d)  to advise the Minister in relation to the Minister’s functions under this Act and in relation to any other matter relating to a Homebush motor race.
[6]   Section 23 Reinstatement of land
Insert “of Destination NSW” after “Officer” in section 23 (3).
[7]   Section 39 Authority taken to be part of Department of State and Regional Development for certain purposes
Omit the section.
[8]   Section 43 Regulations
Omit section 43 (2) (c).
[9]   Schedule 1 Membership and procedure of Advisory Board
Omit the Schedule.
[10]   Schedule 2 Savings, transitional and other provisions
Insert before clause 1:
Part 1  Preliminary
[11]   Schedule 2, clause 1 (1)
Omit the subclause. Insert instead:
  
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
[12]   Schedule 2, Part 2
Insert at the end of the Schedule:
  
Part 2 Provisions consequent on enactment of Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014
2   Dissolution of bodies and transfer of assets, rights and liabilities
(1)  The following bodies established under this Act are dissolved:
(a)  the Homebush Motor Racing Authority (the Authority),
(b)  the Advisory Board of the Authority (theBoard),
(c)  the Event Implementation Committee (the Committee).
(2)  The assets, rights and liabilities of the Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of Destination NSW.
(3)  Section 27 of the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014 applies to the transfer of the assets, rights and liabilities of the Authority by the operation of this clause and so applies as if it were a transfer pursuant to Parts 2–6 of that Act when this clause takes effect.
(4)  The persons who were members of the Board immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(5)  The persons who were members of the Committee immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
(6)  In this clause:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
3   References to Homebush Motor Racing Authority
A reference in any other Act, or in any instrument made under any Act or in any document of any kind to the Homebush Motor Racing Authority is to be construed as a reference to Destination NSW.
Schedule 3 Consequential amendment and repeal of other legislation
3.1 Fair Trading Act 1987 No 68
Schedule 1 Paramount legislation
Omit “Dairy Industry Act 2000”.
3.2 Food Act 2003 No 43
[1]   Section 4 Definitions
Omit the definition of New South Wales Dairy Industry Conference from section 4 (1).
[2]   Section 4 (1), definition of “private subsidiary corporation”
Omit “either the Food Authority or the New South Wales Dairy Industry Conference”.
Insert instead “the Food Authority”.
[3]   Section 109C Private corporations
Omit section 109C (3).
3.3 Food Regulation 2010
Clause 56 Industry consultation
Omit the clause.
3.4 Government Guarantees Act 1934 No 57
Section 3A Guarantees for industrial purposes
Insert “immediately before its repeal by the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014” after “State Development and Industries Assistance Act 1966” in section 3A (1).
3.5 Government Information (Public Access) Regulation 2009
Schedule 3 Agencies declared to be part of other agencies
Omit the matter relating to the following:
  
Chipping Norton Lake Authority
Lake Illawarra Authority
Ministerial Corporation for Industry
New South Wales Film and Television Office (also known as Screen NSW)
3.7 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Search warrants under other Acts
Omit “Poultry Meat Industry Act 1986, section 161”.
3.8 Public Authorities (Financial Arrangements) Regulation 2013
Schedule 1 Definitions of “authority” and “controlled entity”
Omit “Ministerial Corporation for Industry” from Part 1.
3.9 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit the following:
  
Chipping Norton Lake Authority
Lake Illawarra Authority
New South Wales Film and Television Office