Untitled document

Alpine Resorts Legislation Amendment Act 2016

No. 62 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of the Alpine Resorts (Management) Act 1997

4Definitions

5Bodies deemed to be committees of management

6Establishment of Boards

7New Division 5 inserted in Part 6

Part 3—Amendment of Alpine Resorts Act 1983

8Definitions

9Amendment arising from new definition of Central Plan Office

10Section 22 substituted

11Land that may be declared an alpine resort

Part 4—Repeal of amending Act

12Repeal of amending Act

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Endnotes

1      General information

Alpine Resorts Legislation Amendment Act 2016

No. 62 of 2016

[Assented to 15 November 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Alpine Resorts (Management) Act 1997 to abolish the Lake Mountain Alpine Resort Management Board and the Mount Baw Baw Alpine Resort Management Board and to establish a new Board to manage both Lake Mountain Alpine Resort and Mount Baw Baw Alpine Resort; and

(b)to amend the Alpine Resorts Act 1983 to remove a reference to Mount Torbreck; and

(c)to provide for any minor related matters in those Acts.

2Commencement

(1)This Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 August 2017 it comes into operation on that day.

3Principal Act

In this Act, the Alpine Resorts (Management) Act 1997 is called the Principal Act.

Part 2—Amendment of the Alpine Resorts (Management) Act 1997

4Definitions

For the definition of Central Plan Office in section 3 of the Principal Act substitute—

"Central Plan Office means the office maintained under section 4 of the Survey Co-ordination Act 1958;".

5Bodies deemed to be committees of management

For section 4(2) and (3) of the Principal Act substitute—

"(2)The Southern Alpine Resort Management Board is taken to be the committee of management under the Crown Land (Reserves) Act 1978 of all Crown land within the Lake Mountain Alpine Resort which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978.

(3)The Southern Alpine Resort Management Board is taken to be the committee of management under the Crown Land (Reserves) Act 1978 of all Crown land within the Mount Baw Baw Alpine Resort which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978.".

6Establishment of Boards

For section 34(2) and (3) of the Principal Act substitute—

'(2)There is established, in respect of the Lake Mountain Alpine Resort and the Mount Baw Baw Alpine Resort, a board to be called the "Southern Alpine Resort Management Board".'.

7New Division 5 inserted in Part 6

After Division 4 of Part 6 of the Principal Act insert—

"Division 5—Transitional arrangements for Lake Mountain Alpine Resort Management Board and Mount Baw Baw Alpine Resort Management Board

76Definitions

In this Division—

accountable officer, in relation to a Board, has the same meaning as in the Financial Management Act 1994;

commencement day means the day on which Part 2 of the Alpine Resorts Legislation Amendment Act 2016 comes into operation;

new Board means the Southern Alpine Resort Management Board, within the meaning of this Act as in force on and from the commencement day;

old Board means—

(a)the Lake Mountain Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day; or

(b)the Mount Baw Baw Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day;

old Boards means—

(a)the Lake Mountain Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day; and

(b)the Mount Baw Baw Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day.

77Transfer of property etc. from old Boards to new Board

(1)Except as otherwise provided in this Act, on and from the commencement day—

(a)the old Boards are abolished and the members go out of office; and

(b)all rights, property and assets that, immediately before the commencement day were vested in the old Boards, vest in the new Board; and

(c)all debts, liabilities and obligations of the old Boards existing immediately before the commencement day, become debts, liabilities and obligations of the new Board; and

(d)the new Board is substituted as a party to any proceedings pending in any court or tribunal to which an old Board was a party, immediately before the commencement day; and

(e)the new Board is substituted as a party to any contract or arrangement entered into by or on behalf of an old Board and in force immediately before the commencement day; and

(f)any reference to an old Board in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period on or after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new Board.

(2)All obligations of the accountable officer of each old Board under the Financial Management Act 1994 existing immediately before the commencement day become the obligations of the accountable officer of the new Board.

78Staff to be transferred from the old Boards to the new Board

(1)A person who was an employee of an old Board immediately before the commencement day is taken to be an employee of the new Board.

(2)A transferred employee is taken to—

(a)be employed in the transferred employee's new position with effect on and from the commencement day; and

(b)have the same terms and conditions as those that applied to the transferred employee in relation to the transferred employee's employment with the old Board immediately before the commencement day; and

(c)have accrued an entitlement to benefits in connection with the employment with the new Board that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day.

(3)The service of a transferred employee with the new Board is taken to be continuous with that service of the transferred employee as an employee of the old Board that ceased immediately before the commencement day.

(4)A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old Board because of the operation of this Division.

(5)The chief executive officer of the new Board may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the new Board with effect from the commencement day.

(6)A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is conclusive proof of the matters stated in it.

(7)The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.

(8)If a transferred employee was, immediately before the appointed day, an officer within the meaning of the State Superannuation Act 1988, the transferred employee continues to be such an officer.

(9)Nothing in this section prevents—

(a)any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time on or after the commencement day; or

(b)a transferred employee from resigning or being dismissed at any time on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the new Board.

(10)In this section, transferred employee means an employee of an old Board who is taken to be an employee of the new Board by subsection (1).".

Part 3—Amendment of Alpine Resorts Act 1983

8Definitions

In section 2 of the Alpine Resorts Act 1983 insert the following definition—

"Central Plan Office means the office maintained under section 4 of the Survey Co-ordination Act 1958;".

9Amendment arising from new definition of Central Plan Office

In section 19(2) of the Alpine Resorts Act 1983 omit "of the Department of Property and Services".

10Section 22 substituted

For section 22 of the Alpine Resorts Act 1983 substitute—

"22   Falls Creek Alpine Resort—Construction of reference

On and from the commencement of section 10 of the Alpine Resorts Legislation Amendment Act 2016, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office
maintained under section 4 of the


Survey Co-ordination Act 1958, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.".

11Land that may be declared an alpine resort

In Part A of the Schedule to the Alpine Resorts Act 1983 omit "Mount Torbreck".

Part 4—Repeal of amending Act

12Repeal of amending Act

This Act is repealed on 1 August 2018.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 14 September 2016

Legislative Council: 8 November 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Alpine Resorts Act 1983 and the Alpine Resorts (Management) Act 1997 and for other purposes."