Growth Centres (Development Corporations) Amendment Act 1979 (NSW)

GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) AMENDMENT ACT, 1979, No. 136

ANNO VICESIMO OCTAVO

ELIZABETHE II REGINE

Act No. 136, 1979.

An Act to amend the Growth Centres (Development Corporations) Act, 1974, with respect to the offices of Chairman and Deputy Chairman of a development corporation, and in other respects. [Assented to, 28th November, 1979.]

See also Statutory and Other Offices Remuneration (Growth Centres) Amendment Act, 1979.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. -This Act may be cited as the "Growth Centres (Develop­ ment Corporations) Amendment Act, 1979".

(1) This section and section 1 shall commence on the date of assent to this Act.

2.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Growth Centres (Development Corporations) Act, 1974, is amended in the manner set forth in Schedule 1.

4.      (1) In this section—

"appointed day" means the day appointed and notified under

section 2 (2) ;

"corporation" means a corporation constituted under the

Growth Centres (Development Corporations) Act,

1974.

(2) A person who immediately before the appointed day held the offices of Chairman and member of a corporation shall cease to hold those offices on and from the appointed day and is not entitled to be paid any remuneration or compensation by reason of his so ceasing to hold those offices.

(3) The provisions of clauses 16 and 17 of Schedule 2
to the Growth Centres (Development Corporations) Act, 1974,
shall, notwithstanding the repeal of those clauses by this Act,

continue to apply on and from the appointed day to a person who immediately before the appointed day was the Chairman of a corporation.

(4) A person who immediately before the appointed day held the office of Deputy Chairman of a corporation shall, on and from the appointed day, be deemed to have been appointed General Manager of that corporation.

(5) A reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the Deputy Chairman of a corporation shall be construed as a reference to the General Manager of that corporation.

SCHEDULE 1.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1 9 7 4 .

( 1 ) (a) Section 2, matter relating to Schedule 4 —

Omit "MODIFICATION OF THE LOCAL GOVERNMENT
ACT, 1 9 1 9 " , insert instead "PROVISIONS RELATING TO

LOANS".

(b) Section 2, matter relating to Schedule 5—

Omit "PROVISIONS RELATING TO LOANS", insert instead "MODIFICATION OF THE LOCAL GOVERNMENT

ACT, 1 9 1 9 " .

(2) (a) Section 3 ( 1 ) , definition of "Deputy Chairman"—

Omit the definition.

SCHEDULE 1—continued.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1974—continued.

(b) Section 3 ( 1 ) , definition of "General Manager"—

After the definition of "description", insert :—•

"General Manager", in relation to a corporation,

means the General Manager of the corporation;

(3) Section 6 ( 1 ) (b) —

Omit "Deputy Chairman", insert instead "General

Manager".

( 4 ) (a) Section 22 (a) —

After "public authorities", insert "and Government

Departments".

(b) Section 22 (b)—

After "authorities", insert "and Departments".

(5) (a) Section 33 (6) (b) —

Omit "and Development".

(b) Section 33 (6) (e) —

Omit "and Development".

(6) Section 36 (1) —

After "the corporation", insert ", or to an officer, employee or servant of a Government Department or public authority whose services are being used by the corporation pursuant to section 21,".

SCHEDULE 1—continued.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1974—continued.

(7) Section 39—

Omit "Deputy Chairman", insert instead "General

Manager".

(8) Schedule 2, clause 1 (2) —

Omit "Deputy Chairman", insert instead "General

Manager".

(9) Schedule 2, clause 2 (a )—

Omit "Chairman or the Deputy Chairman", insert instead

"General Manager".

(10) Schedule 2, clause 3 ( 1 ) , (2 )—

Omit the subclauses, insert instead :—

(1) A member who, by the instrument of his

appointment, is also appointed as Chairman shall, subject to this Act, be appointed for such term, not exceeding 5 years, as may be specified in the instrument of his appointment.

(2) A member (not being a member referred to in subclause (1) or the General Manager) shall, subject to this Act, be appointed for such term, not exceeding 3 years, as may be specified in the instrument of his appointment.

SCHEDULE 1—continued.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1974—continued.

( 1 1 ) (a) Schedule 2 , clause 4 ( 1 ) —

Omit the subclause, insert instead :—

( 1 ) The General Manager shall devote the

whole of his time to the duties of his office.

(b) Schedule 2 , clause 4 ( 1 A ) —

Omit the subclause.

(c) Schedule 2 , clause 4 ( 2 ) —

Omit "Chairman and the Deputy Chairman", insert instead "General Manager".

(d) Schedule 2 , clause 4 ( 3 ) —

Omit "Chairman or Deputy Chairman", insert instead

"General Manager".

(e) Schedule 2 , clause 4 ( 4 ) —

Omit "Chairman and the Deputy Chairman", insert instead "General Manager".

( 1 2 )	Schedule 2 , clause 5 —
Omit "Deputy Chairman" wherever occurring, insert instead "General Manager".
( 1 3 )	(a) Schedule 2 , clause 6 ( 1 ) (d) —

Omit the paragraph, insert instead :—

(d) if, being the Chairman, he is absent from 2

consecutive ordinary meetings of the corpora­ tion of which reasonable notice has been given

SCHEDULE 1—continued.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1971—continued.

to him, either personally or in the course of post, unless on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings;

(b) Schedule 2 , clause 6 ( 1 ) (e)—

Omit "being a member other than the Chairman or the Deputy Chairman", insert instead "being an appointed member other than the Chairman".

(c) Schedule 2 , clause 6 ( 1 ) (k )—

Omit the paragraph, insert instead :—

(k) upon his attaining the age of 7 0 years.

(d) Schedule 2 , clause 6 ( 2 ) —

Omit "member (other than the Chairman or Deputy

Chairman)", insert instead "appointed member".

(e) Schedule 2 , clause 6 ( 3 ) - ( 6 ) —

Omit the subclauses.

( 1 4 )	Schedule 2 , clause 7 —
Omit "Deputy Chairman" wherever occurring, insert instead "General Manager".
( 1 5 )	Schedule 2 , clause 8—
Omit the clause.

SCHEDULE 1—continued.

AMENDMENTS TO THE GROWTH CENTRES (DEVELOPMENT

CORPORATIONS) ACT, 1974—continued.

( 1 6 )	Schedule 2 , clause 9 ( 2 ) —
Omit "Deputy Chairman", insert instead "General Manager".
( 1 7 )	Schedule 2 , clause 1 0 ( 4 ) —
Omit the subclause, insert instead :—

( 4 ) If the Chairman is not present at a meeting

of the corporation, the members present shall elect one of their number, not being the General Manager, to preside at the meeting.

( 1 8 ) Schedule 2 , clauses 1 5 - 1 8 —

Omit the clauses.