Untitled document

Project Development and Construction

Management (Amendment) Act 2000

Act No. 72/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Amendment of purposes	2
5.	Amendment of definitions	2
6.	Application of Principal Act	3
7.	Amendments of references to the Secretary to the Department of
Infrastructure	3
8.	Amendments of references to Secretary	4
9.	New Part 5A inserted	4
PART 5A—THE SECRETARY TO THE DEPARTMENT
OF STATE AND REGIONAL DEVELOPMENT	4

41A.	The Secretary to the Department of State and Regional
Development is a body corporate 4
41B.	Functions of the Secretary to the Department of State
and Regional Development 5
41C.	Powers of the Secretary to the Department of State and
Regional Development 5
41D.	Secretary to the Department of State and Regional
Development is subject to Ministerial control 7
41E.	Department Head's powers are not affected 7
41F.	Delegation 7

10.	Powers of Registrar of Titles	7
11.	Transitional reference to Secretary amended	7
12.	Transfer of designated projects	8
PART 8—TRANSFER OF DESIGNATED PROJECTS	8

60.	Definitions	8
61.	Ministers may designate project	10
62.	Ministers may fix relevant date	10
63.	Secretaries to prepare allocation statement or statements	10
64.	Certificate of Secretary to the Department of
Infrastructure	12
65.	Effect of transfer on nomination order	13

i

Section Page

66.          Property transferred to Secretary to the Department of

State and Regional Development 13
67.	Allocation of property etc. subject to encumbrances 14
68.	Substitution of party to agreement 14

69.          Secretary to the Department of Infrastructure

instruments 15
70.	Proceedings 15
71.	Interests in land 16
72.	Action by Registrar of Titles 16
73.	Taxes 16
74.	Evidence 17
75.	Validity of things done under this Part 17

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ENDNOTES 19

ii

Victoria

No. 72 of 2000

Project Development and Construction

Management (Amendment) Act 2000†

[Assented to 21 November 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Management Act 1994 to establish the Secretary to the Department of State and Regional Development as a body corporate, to provide for its powers and functions and the transfer of certain matters to it.

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 2

2. Commencement

This Act comes into operation on 1 January 2001.

3. Principal Act

See:

In this Act, the Project Development and	Act No.
Construction Management Act 1994 is called	101/1994. Reprint No. 2
the Principal Act.	as at 12 March
1998 and amending Act
Nos 109/1997, 46/1998 and
85/1998. LawToday:
dpc.vic.
gov.au

4. Amendment of purposes

In section 1 of the Principal Act, after paragraph (d) insert—

"(da) to establish the Secretary to the

Department of State and Regional Development as a body corporate;

(db) to provide for the transfer of certain

matters from the Secretary to the and Regional Development;".

Department of Infrastructure to the

5. Amendment of definitions

(1) In section 3(1) of the Principal Act—

(a) for the definition of "Secretary" substitute— ' "Secretary to the Department of

Infrastructure" means the body
corporate constituted under section 35;

"Secretary to the Department of State and Regional Development" means the

Project Development and Construction Management
(Amendment) Act 2000

s. 6	Act No. 72/2000
body corporate constituted under section 41A;';

(b) the definition of "the Department" is repealed.

(2) In section 3(2) of the Principal Act—

(a)	after "the Department" (where first and secondly occurring) insert "of Infrastructure or the Department of State and Regional Development";
(b)	for "the Department" (where last occurring) substitute "the relevant Department".

6. Application of Principal Act

In section 5(4) of the Principal Act, after "Part 5" insert "or Part 5A".

7.  Amendments of references to the Secretary to the Department of Infrastructure

(1) In the heading to Part 5 of the Principal Act, after

"THE SECRETARY" insert "TO THE

DEPARTMENT OF INFRASTRUCTURE".

(2) In section 35(1) of the Principal Act—

(a)	after "the Department" (where secondly occurring) insert "of Infrastructure";
(b)	in paragraph (b), for "a common" substitute "an official".

(3) In section 35 of the Principal Act, for sub-sections

(2) and (3) substitute—
"(2) The official seal of the Secretary to the

Department of Infrastructure must be kept as directed by the Secretary and must not be used except as authorised by the Secretary.

(3) All courts must take judicial notice of the

official seal of the Secretary to the

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 8

Department of Infrastructure on a document and, until the contrary is proved, must presume that the seal was properly affixed.".

8. Amendments of references to Secretary

(1) In sections 37, 38, 39 and 40 of the Principal Act, after "Secretary" (wherever occurring) insert "to the Department of Infrastructure".

(2) In section 41 of the Principal Act—

(a) after "Secretary" (where twice occurring) insert "to the Department of Infrastructure";

(b) after "Department" insert "of Infrastructure".

9. New Part 5A inserted

At the end of Part 5 of the Principal Act, insert—

"PART 5A—THE SECRETARY TO THE

DEPARTMENT OF STATE AND REGIONAL

DEVELOPMENT

41A. The Secretary to the Department of State

and Regional Development is a body
corporate

(1) The person who is for the time being the

Public Sector Management and

Department Head (within the meaning of the of State and Regional Development and the successors in office of that person are a body corporate under the name "Secretary to the Department of State and Regional Development" which, by that name—

(a) has perpetual succession;
(b) has an official seal;
(c) may sue and be sued;

Project Development and Construction Management
(Amendment) Act 2000

s. 9 Act No. 72/2000

(d)	may acquire, hold and dispose of real and personal property;
(e)	may do and suffer all things that a body corporate may, by law, do and suffer.

(2) The official seal of the Secretary to the

Department of State and Regional authorised by the Secretary.

Development must be kept as directed by the

(3) All courts must take judicial notice of the

official seal of the Secretary to the Department of State and Regional Development on a document and, until the
contrary is proved, must presume that the

seal was properly affixed.

41B. Functions of the Secretary to the

Department of State and Regional
Development

(1) The Secretary to the Department of State and

Regional Development has the following
functions—

(a)

by agreement, to facilitate and manage public bodies;

(b)

by agreement, to facilitate and manage bodies;

(c) any functions conferred on the Secretary under Part 3.

(2) The Secretary to the Department of State and

Regional Development may perform its
functions within or outside Victoria.

41C. Powers of the Secretary to the Department of State and Regional Development

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 9

(1) The Secretary to the Department of State and

Regional Development has all the powers necessary to perform its functions under section 41B(1)(a) and (b).

(2) In addition to the powers referred to in sub- section (1), the Secretary to the Department of State and Regional Development has any powers conferred under Part 3 to perform the

functions conferred on the Secretary under

that Part.

(3) Without limiting sub-section (1), the

Secretary to the Department of State and
Regional Development, in the performance
of its functions under section 41B(1)(a) and

(b), may—

(a)	enter into any agreements or arrangements with any person or body;
(b)	arrangements for the provision by the Secretary to the Department of State and Regional Development of

enter into any agreements or information systems or services;

(c) do all things necessary or convenient to be done to give effect to the agreements and arrangements referred to in

paragraphs (a) and (b);

(d) with the approval of the Treasurer, form, participate in the formation of or be a member of a body corporate, association, partnership, trust or other body and enter into a joint venture with any other person.

Project Development and Construction Management
(Amendment) Act 2000

s. 10

s. 11 Act No. 72/2000

(4) The Secretary to the Department of State and

Regional Development may exercise its
powers within or outside Victoria.

41D. Secretary to the Department of State and

Regional Development is subject to
Ministerial control

In the exercise of powers and functions the direction and control of the Minister.

Secretary to the Department of State and

41E. Department Head's powers are not affected The powers and functions of the person who for the time being constitutes the Secretary

to the Department of State and Regional affect, that person's powers and functions as a Department Head under the Public Sector Management and Employment Act 1998.

41F. Delegation

The Secretary to the Department of State and Regional Development may delegate in writing to any employee or class of employees of the Department of State and Regional Development any of the powers conferred on the Secretary to the Department of State and Regional Development under this Part or the regulations other than this power of delegation.".

10. Powers of Registrar of Titles

In section 45(3) of the Principal Act, after "Part 7" insert "or Part 8".

11. Transitional reference to Secretary amended

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000

In section 47(1) of the Principal Act, insert the
following definition—

' "Secretary" means the Secretary to the

Department of Infrastructure as constituted

under section 35;'.

12. Transfer of designated projects

At the end of Part 7 of the Principal Act insert—

'PART 8—TRANSFER OF DESIGNATED

PROJECTS

60. Definitions
In this Part—
"allocation statement" means an allocation

statement made under section 63;

"designated project" means a nominated

project designated by the relevant
Ministers under section 61;

"former Secretary of Infrastructure

property" means property, rights or
liabilities of the Secretary to the
Department of Infrastructure that, under
this Part, have vested in or become
liabilities of the Secretary to the
Department of State and Regional

Development;

"instrument" includes a document and an

oral agreement;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"property" means any legal or equitable
estate or interest (whether present or

Project Development and Construction Management
(Amendment) Act 2000

s. 12	Act No. 72/2000
future and whether vested or contingent) in real or personal property of any description;

"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 62 for
the purposes of that statement;

"relevant Ministers" means the Ministers

administering this Act and the Minister
administering the Docklands
Authority Act 1991;

"rights" means all rights, powers, privileges

and immunities, whether actual,
contingent or prospective;

"Secretary to the Department of

Infrastructure instrument" means an
instrument (including a legislative
instrument other than this Act)
subsisting immediately before the

relevant date—

(a)

to which the Secretary to the a party; or

(b)	that was given to or in favour of the Secretary to the Department of Infrastructure; or
(c)	that refers to the Secretary to the Department of Infrastructure; or

(d) under which—

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 12

(i) payable to or by the

money is, or may become, of Infrastructure; or

(ii)  other property is to be, or may become liable to be, transferred to or by the

Secretary to the Department
of Infrastructure.

61.

Ministers may designate project designate any nominated project for which the Secretary to the Department of Infrastructure is the facilitating agency as a designated project for the purposes of this Part.

62.

Ministers may fix relevant date in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 63.

63.  Secretaries to prepare allocation statement or statements

(1) The Secretary to the Department of

Infrastructure and the Secretary to the Department of State and Regional Development must give to the relevant Ministers and the Treasurer within the period of 3 months after 1 January 2001, or such longer period as is 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 Secretary to the

Project Development and Construction Management
(Amendment) Act 2000

s. 12 Act No. 72/2000

Department of Infrastructure in relation to a designated project as at the relevant date.

(2) A statement under this section in relation to a designated project—

(a) Department of State and Regional
Development all the property, rights
and liabilities of the Secretary to the

must allocate to the Secretary to the relate to the project; and

(b) must be signed by the Secretary to the Department of Infrastructure and the Secretary to the Department of State and Regional Development.

(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 Secretary to the Regional Development to amend a statement given to them under this section as specified in the direction.

Department of Infrastructure and the

(5) An allocation statement under this section may be amended by 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.

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 12

64.  Certificate of Secretary to the Department of Infrastructure

(1) A certificate signed by the Secretary to the Department of Infrastructure certifying that property, rights or liabilities of the Secretary

to the Department of Infrastructure specified
in the certificate have been allocated under
an allocation statement to the Secretary to
the Department of State and Regional
Development is, unless revoked under sub-

section (2), conclusive evidence—

(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 the Secretary to the Department of State and Regional Development on the relevant date.
(2) If the Treasurer and the relevant Ministers so	direct the Secretary to the Department of Department of Infrastructure must revoke a certificate given under sub-section (1) by issuing another certificate or certificates in place of the first certificate.

(3) The Secretary to the Department of

Infrastructure—

(a)	must keep a register of certificates issued under this section; and
(b)	available for inspection by the

must make the register reasonably and Regional Development or any other interested person.

Project Development and Construction Management
(Amendment) Act 2000

s. 12 Act No. 72/2000

65.  Effect of transfer on nomination order On and after the relevant date—

(a)	in any nomination order in force as at that relevant date relating to the designated project, a reference to the Secretary to the Department of Infrastructure as the facilitating agency for that project must be construed as a reference to the Secretary to the Department of State and Regional Development as the facilitating agency for that project; and
(b)

the Secretary to the Department of State to be the facilitating agency for that project; and

(c)	unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force as at the relevant date relating to that project continue to apply to that project.
66.

Property transferred to Secretary to the Development

On the relevant date—

(a)	all property and rights of the Secretary to the Department of Infrastructure that are allocated under an allocation
statement to the Secretary to the Department of State and Regional Development vest in the Secretary to the Department of State and Regional Development; and

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 12

(b) Department of Infrastructure that are
allocated under an allocation statement
to the Secretary to the Department of
State and Regional Development

all liabilities of the Secretary to the the Department of State and Regional Development.

67.  Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in the Secretary to the Department

of State and Regional Development or
liabilities become liabilities of the Secretary
to the Department of State and Regional
Development—

(a)	the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(b)	the rights to which the Secretary to the Department of Infrastructure was entitled in respect of those liabilities immediately before they ceased to be liabilities of that Secretary vest in the Secretary to the Department of State and Regional Development.
68.

Substitution of party to agreement and liabilities of the Secretary to the Department of Infrastructure under an agreement are allocated to the Secretary to the Department of State and Regional Development—

Project Development and Construction Management
(Amendment) Act 2000

s. 12 Act No. 72/2000

(a)

the Secretary to the Department of State on the relevant date, a party to the agreement in place of the Secretary to the Department of Infrastructure; and

(b) on and after the relevant date, the agreement has effect as if the Secretary to the Department of State and Regional Development had always been a party to the agreement.

69.  Secretary to the Department of Infrastructure instruments

Each Secretary to the Department of Infrastructure instrument relating to former Secretary to the Department of Infrastructure property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the Secretary to the Department of Infrastructure were a reference to the Secretary to the Department of State and Regional Development.

70.

Proceedings proceedings relating to former Secretary to the Department of Infrastructure property (including arbitration proceedings) to which the Secretary to the Department of Infrastructure was a party were pending or existing in any court or tribunal, then, on and after that date, the Secretary to the Department of State and Regional Development is substituted for the Secretary to the Department of Infrastructure as a party to the proceedings and has the same rights in the proceedings as the Secretary to the Department of Infrastructure had.

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000 s. 12

71.

Interests in land and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the Secretary to the Department of Infrastructure is, in relation to former Secretary to the Department of Infrastructure property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a)

the Secretary to the Department of State to be the registered proprietor of that interest in land; and

(b)

the Secretary to the Department of State same rights and remedies in respect of that interest as the Secretary to the Department of Infrastructure had.

72.

Action by Registrar of Titles 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.

73.

Taxes 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

Project Development and Construction Management
(Amendment) Act 2000

s. 12 Act No. 72/2000

property, rights or liabilities of the Secretary

to the Department of Infrastructure.

74. Evidence

(1) Documentary or other evidence that would

have been admissible for or against the
interests of the Secretary to the Department
of Infrastructure in relation to former
Secretary to the Department of Infrastructure
property if this Part had not been enacted, is
admissible for or against the interests of the
Secretary to the Department of State and
Regional Development.

(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the Secretary to the

Department of Infrastructure and to entries made in those books of account before the relevant date, whether or not they relate to former Secretary to the Department of
Infrastructure property.

(3) In sub-section (2), "books of account" has

the same meaning as in Division 3A of
Part III of the Evidence Act 1958.

75. Validity of things done under this Part (1) Nothing effected by this Part or done or

suffered by the Secretary to the Department of Infrastructure, the State, a Minister or the Secretary to the Department of State and

Regional Development under this Part—

(a) is to be regarded as placing the Secretary to the Department of Infrastructure, the State, a Minister or

the Secretary to the Department of State and Regional Development in breach of contract or confidence or as otherwise

Project Development and Construction Management
(Amendment) Act 2000

Act No. 72/2000	s. 12
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, without limiting the generality of the foregoing, 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

Secretary to the Department of Infrastructure must not be called in question in any proceedings on the ground that any provision of this Part had not been complied with.'.

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Project Development and Construction Management
(Amendment) Act 2000

Endnotes Act No. 72/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 August 2000

Legislative Council: 26 October 2000

The long title for the Bill for this Act was "to amend the Project
Development and Construction Management Act 1994 to establish the
Secretary to the Department of State and Regional Development as a
body corporate, to provide for its powers and functions and the transfer of
certain matters to it and for other purposes."