State Development and Country Industries Assistance (Amendment) Act 1985 (NSW)
STATE DEVELOPMENT AND COUNTRY INDUSTRIES
ASSISTANCE (AMENDMENT) ACT 1985 No. 187
ANNO TRICESIM O QUARTO
ELIZABETHS II REGINS
Act No. 187, 1985
An Act to amend the State Development and Country Industries Assistance Act 1966 for the purpose of conferring on the Minister additional powers to provide financial assistance to certain kinds of business undertakings and institutions in order to enable them to acquire innovative technological facilities and for certain other purposes. [Assented to, 4th December, 1985.]
51011- 09218—70
State Development and Country Industries Assistance (Amendment) 1985
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;
Short title
1. This Act may be cited as the “State Development and Country
Industries Assistance (Amendment) Act 1985” .
Principal Act
2. The State Development and Country Industries Assistance Act 1966
is referred to in this Act as the Principal Act.
Schedules
3. This Act contains the following Schedules:
SCHEDULE 1—AMENDMENTS TO THE LONG TITLE AND PARTS I AND II OF THE PRINCIPAL ACT.
SCHEDULE 2—INSERTION OF PART IIa INTO THE PRINCIPAL
ACT.
SCHEDULE 3—AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL ACT.
SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS.
Amendment of Act No. 10, 1966
4. The Principal Act is amended in the manner set forth in Schedules
1-3.
Savings and transitional provisions
5. Schedule 4 has effect.
SCHEDULE 1
(Sec. 4)
AMENDMENTS TO THE LONG TITLE AND PARTS I AND II
OF THE PRINCIPAL ACT
(1) (a) Long title—
Omit “country”, insert instead “certain”.
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THE PRINCIPAL ACT— continued
| (b) | Long title— Omit “for certain other industries” . |
(2) Section 1 (1)—
Omit “Country”.
(3) (a) Section 3, definition of “Appointed member”—
Before the definition of “Area”, insert:
“Appointed member”, in relation to the Development
Corporation, means a part-time member of the
Development Corporation referred to in section 4 (1b) (b).
(b) Section 3, definition of “Business undertaking”—
After the definition of “Area”, insert;
“Business undertaking” means a natural person who or a partnership, trust or corporation which is carrying on or proposing to carry on any industrial or business activity.
| (c) | Section 3, definitions of “Corporation”, “Corporation sole”, “Fund”— |
Omit the definitions.
(d) Section 3, definition of “Country industry”—
Omit “ corporation sole” , insert instead “ M inisterial
Corporation”.
(e) Section 3, definition of “Development Corporation”—
After the definition of “Country Industry”, insert:
“Development Corporation” means the New South Wales Development Corporation constituted by this Act.
(f) Section 3, definition of “Director”—
Omit “Decentralisation and Development” , insert instead
“Industrial Development and Decentralisation”.
State Development and Country Industries Assistance (Amendment) 1985
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THE PRINCIPAL ACT— continued
(g) Section 3, definition of “Financial assistance”—
After the definition of “Director” , insert:
“Financial assistance” means—
(a) a grant, loan or guarantee; or
(b) an amount provided to enable shares to be acquired.
(h) Section 3, definition of “Ministerial Corporation”—
Before the definition of “Prescribed”, insert:
“Ministerial Corporation” means the Minister as constituted as a corporation sole under section 34h.
| (i) | Section 3 (2)-(4)— At the end of section 3, insert: |
(2) A reference in this Act to a business undertaking includes a reference to any person or body of persons who or which is, in the opinion of the Minister, related to or associated with the business undertaking.
(3) A reference in this Act to securities of a business undertaking is a reference to—
| (a) | debentures, stocks, shares, bonds or notes issued or proposed to be issued by the business undertaking, whether corporate or unincorporate; |
| (b) | any right or option in respect of any such debentures, stocks, shares, bonds or notes; |
| (c) | bills of exchange or promissory notes issued or proposed to be issued by the business undertaking; and |
(d) any prescribed interest in the business undertaking.
(4) In subsection (3) (d), “prescribed interest” has the meaning ascribed to that expression by section 5 (1) of the Companies (New South Wales) Code.
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THE PRINCIPAL ACT— continued
(4) Part II, heading—
Omit the heading, insert instead:
NEW SOUTH WALES DEVELOPMENT CORPORATION
(5) Section 4 (1)-(1b)—
Omit section 4(1), insert instead:
| (1) | There is by this Act constituted a corporation under the |
corporate name of the “New South Wales Development
Corporation”.
( la) The Development Corporation—
| (a) | shall have and perform the functions imposed, and shall have and may exercise the powers conferred, on it by or under this or any other Act; |
| (b) | shall, for the purposes of any Act, be deemed to be a |
statutOTA' body representing the Crown; and
| (c) | shall, in the performance and exercise of its functions and powers (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister. |
( lb) The Development Corporation shall consist of—
(a) the Director; and
| (b) | not less than 6 nor more than 14 other persons, who shall, in and by the instruments by which they are appointed, be appointed by the Governor as part-time members. |
(6) Section 5 (2a)—
After section 5 (2), insert:
(2a) Without affecting the generality of subsection (2), the Governor may remove from office an appointed member who
contravenes the provisions of section 5a.
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THE PRINCIPAL PvCY— continued
(7) Section 5a—
After section 5, insert:
Disclosure of pecuniary interests
5a. (1) A member of the Development Corporation who has a direct or indirect pecuniary interest—
| (a) | in a matter that is being considered, or is about to be considered, at a meeting of that Corporation; or |
| (b) | in a thing being done or about to be done by that Corporation, |
shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of that Corporation.
| (2) | A disclosure by a member of the Development |
Corporation at a meeting of that Corporation that the member—
| (a) | is a member, or is in the employment, of a specified company or other body; |
| (b) | is a partner, or is in the employment, of a specified person; or |
| (c) | has some other specified interest relating to a specified company or other body or a specified person, |
shall be deemed to be a sufficient disclosure of the nature of the member’s interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.
| (3) | The Development Corporation shall cause particulars of |
any disclosure made under subsection (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by that Corporation from time to time.
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THE PRINCIPAL kC T — continued
(4) After a member of the Development Corporation has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subsection (1) or (2), the member shall not, unless the Minister otherwise determines—
| (a) | be present during any deliberation of that Corporation, or take part in any decision of that Corporation with respect to that matter; or |
| (b) | perform any functions or exercise any powers under this Act with respect to that thing, |
as the case requires.
(5) Notwithstanding that a member of the Development Corporation contravenes the provisions of this section, that contravention does not invalidate any decision of that Corporation or the performance or exercise of any function or power under this Act.
(6) A reference in this section to a meeting of the Development Corporation includes a reference to a meeting of a committee established under section 6.
(8) Section 7—
Omit the section, insert instead:
Entitlement of appointed members to remuneration and allowances
7. A person who is an appointed member of the Development Corporation or a member of a committee established under section 6 is entitled to receive such remuneration and allowances for the performance by that person of his or her duties as such a member as the Minister may from time to time determine.
(9) Section 8 (2)-(5)—
Omit the subsections, insert instead:
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THE PRINCIPAL ACT— continued
(2) Where the Minister requests the Development Corporation to do so, that Corporation shall inquire into, and report to the Minister on—
| (a) | any application made under Part IIa or Division 3 of Part III; |
| (b) | the conduct, or any aspect of the conduct, of any industry or business carried on with, or which is sought to be carried on with, the benefit of any financial assistance provided by or on behalf of the Minister under this Act; or |
| (c) | any matter concerning the performance or exercise by the Minister of any function or power imposed or conferred on the Minister by this Act, |
as the case requires.
(3) The Development Corporation is empowered to do, in New South Wales or elsewhere, all things necessary or convenient to be done for or in connection with the performance of its functions under this Act and, without limiting the generality of the foregoing, that Corporation—
| (a) | may, for or in connection with that performance, act as agent for other persons; and |
| (b) | may, for or in connection with the performance of its functions under Part IIa— |
(i) participate in the formation or establishment of any business undertaking;
(ii) subscribe for, invest in or otherwise acquire, and (where the Minister so directs) dispose of, securities of a business undertaking;
(iii) enter into a partnership or an arrangement for the sharing of profits;
| (iv) underwrite issues | of securities of a business |
undertaking; and
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| SCHEDULE | continued |
AMENDMENTS TO THE LONG TITLE AND PARTS I AND II OF
THE PRINCIPAL ACT— continued
(v) exercise any right conferred on that Corporation to appoint a director of, or hold office in, a business undertaking.
(10) Sections 8a-8 c—
After section 8, insert;
Consultants to the Development Corporation
8a. The Development Corporation may engage, otherwise
than as employees, persons having suitable qualifications and
experience as consultants to that Corporation.
Assistance to the Development Corporation
8b. The Development Corporation may—
(a) with the approval of the Minister; and
| (b) | on such terms and conditions as may be approved by the Public Service Board, |
arrange for the use of the services of any staff or facilities of a government departm ent, adm inistrative office or public authority.
Delegation
8c . (1) The Development Corporation may delegate to—
(a) a member of that Corporation; or
(b) a committee established under section 6,
the performance or exercise of any of its functions or powers,
other than this power of delegation.
(2) A delegation under this section—
(a) shall be in writing;
(b) may be general or limited; and
State Development and Country Industries Assistance (Amendment) 1985
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THE PRINCIPAL ACT— continued
| (c) | may be revoked, wholly or partly, by the Development Corporation. |
(3) A delegate is, in the performance or exercise of a function or power delegated under this section, subject to such conditions as are specified in the instrument of delegation.
(4) A function or power delegated under this section, when
performed or exercised by the delegate, shall be deemed to have
been performed or exercised by the Development Corporation.
(5) A delegation under this section does not prevent the performance or exercise of a function or power by the Development Corporation.
(6) A function or power purporting to have been performed or exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly performed or exercised by a delegate under this section.
SCHEDULE 2
(Sec. 4)
INSERTION OF PART IIa INTO THE PRINCIPAL ACT
Part IIa—
After Part II, insert:
PART IIa
ADVANCED TECHNOLOGY DEVELOPMENT
ASSISTANCE
Interpretation
8d . (1) In this Part, except in so far as the context or subject- matter otherwise indicates or requires—
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“Advanced Technology Development Assistance Fund” means the fund established under that name in the Special Deposits Account in the Treasury;
“equipment” includes plant and machinery;
“innovative technological facility” means any equipment, or any technique, process or system, designed for or capable of being applied in or in connection with increasing or improving the productivity or efficiency of business undertakings generally or of any class of business undertakings;
“prescribed institution” means—
| (a) | any institution engaged in educational, training or research activities; |
| (b) | a trade or industrial union registered under any Act or an organization of employees registered as an organization under the Conciliation and Arbitration Act 1904 of the Commonwealth; or |
| (c) | any other prescribed person or body of persons (not being a business undertaking); |
“value”, in relation to a guarantee under this Part, means the maximum amount for which the Minister could be liable under the guarantee.
(2) A grant or loan made from the Advanced Technology Development Assistance Fund before the commencement of this Part shall, for the purposes of this Part, be deemed to be financial assistance granted under this Part.
Advanced Technology Development Assistance Fund
8e. (1) There shall be paid into the Advanced Technology Development Assistance Fund—
| (a) | all money from time to time appropriated by Parliament for the purposes of that Fund; |
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| (b) | all principal money received in respect of the repayment of loans made or deemed to have been made under this Part; and |
| (c) | all money received by the Development Corporation pursuant to section 8j (5) or (6). |
(2) The Advanced Technology Development Assistance Fund shall be applied to the following purposes:
(a) the making of grants and loans under this Part;
| (b) | the making of payments in respect of the acquisition by the Development Corporation under this Part of the shares of a prescribed business undertaking; |
| (c) | the payment of the expenses of the administration of this Part. |
(3) All interest received or recovered after the commencement
of this Part in respect of any loan made or deemed to have been
made under this Part shall be paid into the Consolidated Fund.
Applications for financial assistance
8f . (1) An application for financial assistance under this Part
may be made to the Ministerial Corporation by or on behalf of
a business undertaking or a prescribed institution.
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form; and
(b) be accompanied by the prescribed fee (if any).
Determination of applications for financial assistance
8g . (1) On receiving an application made under section 8f ,
the Ministerial Corporation shall consider the application or refer
it to the Development Corporation for inquiry and report.
(2) The Development Corporation shall, forthwith after an
application is referred to it under subsection (1), inquire into and
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report on the application to the Ministerial Corporation which
shall, on receiving the report, consider the application.
(3) When considering an application made under section 8f,
the Ministerial Corporation shall take into account any report made in respect of the application in accordance with subsection
( 2).
(4) On considering an application made under section 8f , the Ministerial Corporation may, if satisfied that the financial assistance sought by the applicant would, if granted, be applied to a project of a kind specified in subsection (5) and, in the case of a prescribed institution, if satisfied that the institution is concerned or will become concerned in developing, or in promoting the development or use of, innovative technological facilities, do any one or more of the following:
| (a) | make to the applicant a grant of an amount not exceeding |
$ 100,000;
| (b) | make to the applicant a loan of an amount not exceeding $500,000; |
| (c) | subject to section 8i, execute in favour of a bank or some other person a guarantee guaranteeing the repayment of an amount not exceeding $500,000; |
| (d) | subject to section 8j (2), where the applicant is a business undertaking that is a corporation having a share capital— arrange for the Development Corporation to acquire shares in the business undertaking for which the consideration does not exceed $500,000 and provide the Development Corporation with an amount that will enable it to acquire those shares. |
| (5) | The following kinds of projects are specified for the |
purposes of subsection (4):
| (a) | the acquisition and installation by the applicant of a particular innovative technological facility for use in or in connection with the applicant’s business or undertaking; |
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| (b) | the commercial development or expansion by the applicant of a particular innovative technological facility, including the provision of working capital for that purpose; |
| (c) | any project of a prescribed kind (not being a project of a kind elsewhere referred to in this subsection); |
| (d) | the acquisition by the applicant of land, or the construction by the applicant of buildings or other structures or the improvement or modification by the applicant of existing buildings or structures, for the purpose of— |
(i) accommodating a technological facility referred to in paragraph (a);
(ii) facilitating the development or expansion referred to in paragraph (b); or
(iii) enabling a project of a kind prescribed for the purposes of paragraph (c) to be undertaken or carried out;
| (e) | the training of staff who are or are to be employed by the applicant— |
(i) in the use of a technological facility referred to in paragraph (a);
(ii) in carrying out the development or expansion referred to in paragraph (b); or
(iii) in undertaking or carrying out a project of a kind prescribed for the purposes of paragraph (c);
(0 the hiring of consultants or advisers to assist the applicant with respect to any of the matters or activities mentioned in the foregoing paragraphs.
(6) The Minister may grant to or in respect of a particular business undertaking or prescribed institution financial assistance in excess of an amount referred to in subsection (4) (a), (b), (c) or (d) but only with the prior approval of the Treasurer.
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(7) Where an application is made under section 8f for financial assistance of a kind specified in paragraph (a), (b), (c) or (d) of subsection (4) and the applicant has previously been granted, or is deemed to have previously been granted, financial assistance under this Part of a similar kind, then, unless the Treasurer otherwise determines, a reference to the amount specified in that paragraph shall, in relation to that application, be construed as a reference to that amount reduced by an amount equal to the amount or value of the financial assistance so granted or deemed to have been so granted to the applicant.
(8) The total value of financial assistance that may be granted to or in respect of any particular business undertaking or prescribed institution under this Part shall not, except with the prior approval of the Treasurer, exceed—
(a) $1,000,000; or
| (b) | where the applicant is currently deriving benefit from financial assistance granted or deemed to have been granted under this Part in respect of the same project— $1,000,000 less the amount or value of the financial assistance so granted or deemed to have been so granted. |
(9) The Ministerial Corporation shall, as soon as practicable after determining an application for financial assistance, notify the applicant in writing of the determination.
(10) Subject to section 8h , the granting of an application for financial assistance by the Ministerial Corporation may be subjeet to such conditions as it thinks fit.
(11) In determining applications for financial assistance, the M inisterial Corporation shall give preference to those applications the granting of which would directly result in the ereation of additional employment positions.
| (12) | The Ministerial Corporation’s decision on an application |
made for financial assistance shall be final.
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Rate of interest on loans
8h . a loan made or deemed to have been made by the Ministerial Corporation under this Part shall be at the rate of interest for the time being fixed by the Treasurer generally for the purposes of this Part or, if the Treasurer so approves, at such rate of interest as may be fixed by the Treasurer in respect of that loan, or without interest.
Provisions relating to guarantees given by the Ministerial
Corporation under this Part
8i. (1) In this section—
“creditor” , in relation to a guarantee, means the bank or other creditor in whose favour the guarantee is or is to be executed;
“debtor”, in relation to a guarantee, means the person whose debt is or is to be the subject of the guarantee;
“guarantee” means a guarantee executed or proposed to be executed under this Part.
| (2) | The following provisions apply to and in respect of a |
guarantee:
| (a) | the Ministerial Corporation may execute the guarantee alone or jointly with some other person; |
| (b) | the guarantee may include any interest charges and expenses chargeable by the creditor against the debtor and the expenses of enforcing or obtaining or endeavouring to enforce or obtain payment of the debt guaranteed and those interest charges and expenses; |
| (c) | the guarantee may be expressed to include compound interest; |
| (d) | without limiting the generality of section 8g (11), the guarantee may, where the debt to be guaranteed is or will be owed by a business undertaking that is a corporation having a share capital, include a condition conferring on the Development Corporation a right or option to acquire. |
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subject to section 8j (2), shares of the business
undertaking;
| (e) | the creditor shall, if required to do so by the Minister, obtain, take and hold or retain and hold securities of such nature as the Ministerial Corporation may require for the payment of the principal debt; |
| (f) | the guarantee shall not be enforceable against the Minister, the Ministerial Corporation, the Advanced Technology Development Assistance Fund or the Consolidated Fund unless the creditor has exercised all rights and remedies under the securities held by the creditor in respect of the debt guaranteed, other than the guarantee; |
| (g) | the creditor shall not, without the prior approval of the Ministerial Corporation, assign or encumber the benefit of the guarantee. |
(3) If the creditor under a guarantee—
(a) fails to comply with subsection (2) (e); or
(b) contravenes subsection (2) (g),
the Ministerial Corporation may avoid the guarantee.
(4) The Ministerial Corporation shall not, without the prior approval of the Treasurer, execute a guarantee to the extent that the total value of all outstanding guarantees would exceed
$ 20,000,000.
(5) The execution by the Ministerial Corporation, either alone or jointly with some other person, of a guarantee shall, in favour of the creditor, be conclusive evidence that the requirements of this Part with respect to the guarantee have been complied with.
Provisions with respect to the acquisition and disposal of shares of business undertakings to which financial assistance is granted under this Part
(1) Where the Development Corporation holds shares of a business undertaking that were acquired under this Part,
8j.
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neither the Development Corporation nor the Crown shall be taken to assume or incur any greater liability or responsibility for the conduct or affairs of the business undertaking than any other person would assume or incur by virtue of being a member of the business undertaking.
| (2) | Shares of a business undertaking shall not, without the |
prior approval of the Treasurer, be acquired pursuant to an arrangement made under section 8g (4) (d) or in the exercise of a right or option referred to in section 8i (2) (d) if, as a result of the acquisition, the Development Corporation would—
| (a) | be in a position to control the composition of the board of directors of the business undertaldng; |
| (b) | be in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the business undertaking; or |
| (c) | hold more than one-half of the issued share capital of the business undertaking (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital). |
| (3) | Nothing in subsection (2) precludes the acquisition by the |
Development Corporation of bonus shares of a business undertaking in which that Corporation already holds shares acquired in accordance with an arrangement made under section
8g (4) (d) or in the exercise of a right or option referred to in
section 8i (2) (d), or of shares of such an undertaking issued pursuant to a rights issue, but if as a result of acquiring those shares the acquisition would have contravened subsection (2) if that subsection were applicable to the acquisition, then, unless the Treasurer otherwise directs or approves, that Corporation shall, within 30 days after the acquisition, dispose of such proportion of those shares as would have resulted in that subsection not being so contravened.
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(4) Where the Development Corporation is or was the holder of shares of a business undertaking that were acquired under this Part, that Corporation shall, as soon as practicable after receiving any dividends paid in respect of those shares, pay those dividends into the Consolidated Fund.
(5) Whenever the Development Corporation sells any shares of a business undertaking that were acquired under this Part, that Corporation shall pay the proceeds of sale (less any amount of those proceeds attributable to dividends) into the Advanced Technology Development Assistance Fund.
(6) Whenever on the winding-up of a business undertaking in which the Development Corporation is the holder of shares acquired under this Part there is a distribution of property of the business undertaking among its members, that Corporation shall—
| (a) | where necessary, cause the share of the property received by that Corporation to be sold; and |
| (b) | pay the proceeds of sale or, where the share of the property so received is already in the form of money, pay that money into the Advanced Technology Development Assistance Fund. |
(7) Any acquisition of shares of a business undertaking in contravention of a provision of this Part is, to the extent of the contravention, void.
Members of Development Corporation to be indemnified by
Development Corporation against certain liabilities
| 8k . | Where— |
| (a) | a member of the Development Corporation becomes a director of a business undertaking to which financial assistance has been granted, or is deemed to have been granted, under this Part; and |
| (b) | the member’s appointment as such a director is directly or indirectly attributable to the fact that that Corporation is |
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the holder of shares of the business undertaking that were
acquired under this Part,
that Corporation is liable to indemnify the member against any liability that by law attaches to the member in the member’s capacity as a director of the business undertaking in respect of any act done or omitted to be done by the member, but only if the act was done or omitted to be done in good faith in relation to the business undertaking.
Appropriation of money to meet the liability of the Ministerial Corporation under a guarantee and payment of certain money into the Consolidated Fund
8l. (1) The amount of any liability incurred by the Ministerial Corporation under a guarantee executed under this Part is a charge on the Consolidated Fund and is payable out of that Fund without further appropriation than this Act.
(2) Where a liability incurred by the Ministerial Corporation under a guarantee executed under this Part has been met, all money received or recovered by that Corporation in relation to that liability from the person whose debts were the subject of the guarantee shall be paid into the Consolidated Fund.
SCHEDULE 3
(Sec. 4)
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE
PRINCIPAL ACT
(1) Part III, Division 1, heading—
Omit the heading, insert instead:
DIVISION 1—Functions o f Ministerial Corporation
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(2) Section 11 —
Omit the section, insert instead:
Functions of Ministerial Corporation under this Part
11. The functions of the Ministerial Corporation under this Part, are to promote, encourage and stimulate the establishment, expansion or development of country industries.
(3) (a) Section 12(1) (c), (2) (a)—
Omit “Minister” wherever occurring, insert instead “Ministerial
Corporation”.
| (b) | Section 12(1) (d), (e), (2) (b), (c), (d), (e), (e2)— |
| Omit “the Minister” wherever occurring, insert instead “that Corporation” . | |
| (c) | Section 12 (3)— |
| Omit “ M inister” where firstly occurring, insert instead “Ministerial Corporation”. | |
| (d) | Section 12 (3) (a), (b)— |
| Omit “the Minister” wherever occurring, insert instead “that Corporation”. |
(4) Part III, Division 3, heading—
Omit “Minister”, insert instead “Ministerial Corporation”.
(5) (a) Section 20 (1), (5), (6)—
Omit “ M inister” where firstly occurring, insert instead
“Ministerial Corporation”.
| (b) | Section 20 (1) (cl), (f), (6) (a)— |
| Omit “the Minister” wherever occurring, insert instead “that Corporation”. |
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| (c) | Section 20 (1) (f)— Omit “him”, insert instead “that Corporation”. |
| (d) | Section 20 (2)— Omit “Minister” , insert instead “Ministerial Corporation”. |
| (e) | Section 20 (2)— Omit “him”, insert instead “the Ministerial Corporation”. |
(f) Section 20 (2)—
Omit “he”, insert instead “the Ministerial Corporation” .
| (g) | Section 20 (2)— Before “Corporation”, insert “Development” . |
| (h) | Section 20 (2)— Before “Corporation’s” , insert “Development” . |
(i) Section 20 (3)—
Omit “Minister’s” , insert instead “Ministerial Corporation’s” .
(j) Section 20 (4)—
Omit “Minister” , insert instead “Ministerial Corporation”.
| (k) | Section 20 (5)— |
| Omit “the Minister” where secondly occurring, insert instead “that Corporation”. |
(6) (a) Section 21 (1) (c), (2)—
Omit “ M inister” where firstly occurring, insert instead
| “Ministerial | Corporation” . |
23 Act No. 187
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 3— continued
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL
ACT—con tinued
| (b) | Section 21(1) (c)— |
| Omit “the Minister” where secondly occurring, insert instead “that Corporation”. | |
| (c) | Section 21(1) (d), (e), (2) (a), (b)— |
| Omit “the Minister” wherever occurring, insert instead “that Corporation”. | |
| (d) | Section 21 (3)— Omit “Minister” , insert instead “Ministerial Corporation”. |
(7) Section 29—
Omit “Minister” , insert instead “Ministerial Corporation”.
(8) (a) Section 30 (1)—
Omit “Minister” , insert instead “Ministerial Corporation”.
| (b) | Section 30 (2)— |
| Omit “ M inister” where firstly occurring, insert instead “Ministerial Corporation”. | |
| (c) | Section 30 (2)— |
Before “the Minister” where secondly and thirdly occurring, insert “the Ministerial Corporation,” .
(9) (a) Section 31 (1), (2) (a)—
Omit “Minister” wherever occurring, insert instead “Ministerial
Corporation”.
| (b) | Section 31 (2) (b)— Omit “the Minister”, insert instead “that Corporation”. |
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 3—continued
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL
ACT—continued
(10) (a) Section 32—
Omit “Minister” , insert instead “Ministerial Corporation”,
| (b) | Section 32— Omit “him” , insert instead “that Corporation” . |
| (c) | Section 32— |
Omit “for the attainment of the objects”, insert instead “to enable that Corporation to perform the functions”.
(11) (a) Section 33 (1)—
Omit “Minister” , insert instead “Ministerial Corporation” .
| (b) | Section 33 (2)— |
| Omit “ M inister” where firstly occurring, insert instead “Ministerial Corporation”. | |
| (c) | Section 33 (2)— |
| Omit “the Minister” where secondly occurring, insert instead “that Corporation” . |
(12) (a) Section 34—
Omit “attaining any of the objects”, insert instead “enabling the
Ministerial Corporation to perform any of the functions”.
| (b) | Section 34— Omit “him”, insert instead “that Corporation”. |
| (c) | Section 34— Omit “ the Minister” , insert instead “that Corporation” . |
25 Act No. 187
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 3—continued
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL
ACT— continued
(13) (a) Section 34a (1)—
Omit “ M inister” where firstly occurring, insert instead
“Ministerial Corporation”.
| (b) | Section 34a (1) (a), (b), (c)— |
| Omit “the Minister” wherever occurring, insert instead “that Corporation”. | |
| (c) | Section 34 (2)— Omit “Minister” , insert instead “Ministerial Corporation”. |
| (d) | Section 34 (2)— Omit “his” , insert instead “that Corporation’s” . |
(14) Sections 34b, 34c, 34e—
Omit “Minister” wherever occurring, insert instead “Ministerial
Corporation” .
(15) Section 34c—
Omit “him”, insert instead “that Corporation”.
(16) (a) Section 34d (1)—
Omit “Minister” , insert instead “Ministerial Corporation”.
| (b) | Section 34d (1) (a)— Omit “him”, insert instead “that Corporation” . |
(17) (a) Section 34f—
Omit “Minister” wherever occurring, insert instead “Ministerial
Corporation”.
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 5— continued
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL
ACT—continued
| (b) |
Section 34f— Corporation” .
(18) Section 34h (1)—
Omit the subsection, insert instead;
| (1) | For the purpose of Parts IIa, III and IIIa and this Part, |
the Minister is by this section constituted a corporation sole under the name of “Ministerial Corporation for Industry and Decentralisation, Small Business and Technology”.
(19) Sections 34h (2), 34i, 34k—
| Omit “corporation sole’ | wherever occurring, insert instead |
| “Ministerial Corporation’ |
(20) Section 34j—
Omit the section, insert instead:
Publications
34j. The Minister may cause to be published or may arrange for the publication of such material as the Minister thinks fit relating to the functions and powers of the Ministerial Corporation under this Act or generally relating to the administration of this Act.
(21) Sections 34l-34n—
After section 34k, insert:
Authentication of certain documents
34l. Any document of any kind requiring authentication by the Development Corporation may be sufficiently authenticated without the seal of that Corporation if signed by the chairman of that Corporation or by any member of that Corporation authorised by the chairman to do so.
27 Act No. 187
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 3—continued
AMENDMENTS TO PARTS III, IIIa AND IIIb OF THE PRINCIPAL
ACT—continued
Proof of certain matters not required
34m. In any legal proceedings, no proof shall be required (until evidence has been given to the contrary) of—
(a) the constitution of the Development Corporation;
(b) any resolution of that Corporation;
| (c) | the appointment of, or the holding of office by, any member of that Corporation; or |
| (d) | the presence of a quorum at any meeting of that Corporation. |
Liability of members
34n . No matter or thing done by the Development Corporation and no matter or thing done by any member of that Corporation or by any person acting under the direction of that Corporation shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand whatever.
(22) Section 35 (1a)—
After section 35 (1), insert:
(1a) A provision of a regulation may—
| (a) | apply generally or be limited in its application by reference to specified exceptions or factors; |
| (b) | apply differently according to different factors of a specified kind; or |
| (c) | authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, |
or may do any combination of those things.
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 4
(Sec. 5)
SAVINGS AND TRANSITIONAL PROVISIONS
PART I
PRELIMINARY
Interpretation
1. In this Schedule-
“commencement day” means the date of assent to this Act;
‘new Development Corporation” means the New South Wales Development
Corporation as constituted on and after the commencement day;
| ■ | ‘old Development Corporation” means the Development Corporation of New South |
Wales as constituted immediately before the commencement day.
PART II
PROVISIONS RELATING TO THE RECONSTITUTION OF THE DEVELOPMENT
CORPORATION OF NEW SOUTH WALES
Dissolution of the old Development Corporation
2. At the beginning of the commencement day, the old Development Corporation is
dissolved.
Members of the old Development Corporation to continue in office as members of the new
Development Corporation
3. A person who. immediately before the commencement day, held office as a member
of the old Development Corporation shall be deemed to have been appointed as a member of the new Development Corporation and shall continue in office as a member of the new Development Corporation subject to the Principal Act (as amended by this Act) for the remainder of the period for which the person was appointed as a member of the old Development Corporation.
State Development and Country Industries Assistance (Amendment) 1985
| SCHEDULE | continued |
SAVINGS AND TRANSITIONAL PROVISIONS—cowr/nwerf
Certain acts, etc., done by, to or in respect of the old Development Corporation deemed to have been done by, to or in respect of the new Development Corporation
4. Subject to the Principal Act (as amended by this Act), any act, matter or thing done or omitted to be done before the commencement day by, to or in respect of the old Development Corporation shall, to the extent that, but for the enactment of this Act, that act, matter or thing would on or after that day have had any effect or been in operation, be deemed to have been done or omitted by, to or in respect of the new Development Corporation.
Construction of references to old Development Corporation
5. On and from the commencement day, a reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or a different kind, to the Development Corporation of New South Wales shall be construed as a reference to the New South Wales Development Corporation.
PART III
OTHER PROVISIONS
Minister for Industrial Development and Decentralisation as corporation sole
6. The Ministerial Corporation constituted by section 34h of the Principal Act (as in force on and after the commencement day) under the name of “Ministerial Corporation for Industry and Decentralisation, Small Business and Technology” is the same corporation sole as the one which was, immediately before that day, constituted by that section (as in force immediately before that day) under the name of “Minister for Decentralisation and Development”.
Construction of references to the Minister and Director
7. On and from the commencement day—
|
Reference in other Acts, etc., to the Principal Act
8. On and from the commencement day, a reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or a different kind, to the State Development and Country Industries Assistance Act 1966 shall be construed as a reference to the State Development and Industries Assistance Act 1966.
State Development and Country Industries Assistance (Amendment) 1985
SCHEDULE 4— continued
SAVINGS AND TRANSITIONAL P R O \lS lO m — continued
Regulations
9. (1) The regulations under the Principal Act may make provisions of a savings or
transitional nature consequent on the enactment of this Act.
(2) A provision made under subclause (1) may take effect as from the commencement day or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, 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. |
(4) A provision made under subclause (1) shall, if the regulations under this clause so provide, have effect notwithstanding any other clause of this Schedule (clauses 2 and 3 excepted).
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