ALERT DIGEST 13 of 1994

Part 2

BORROWING AND INVESTMENT POWERS (TRANSPORT CORPORATION) BILL

3.1

This Bill was introduced into the Legislative Assembly on 19 October 1994 by The Honourable Alan Stockdale MP with The Honourable Ian Smith.

3.2

This Bill amends the Borrowing and Investment Powers Act 1987 and the Transport Act 1983. In particular, its purposes are:-

  • to confer on the Public Transport Corporation certain borrowing and investment powers;
  • to enable the Public Transport Corporation and certain other authorities to assume certain obligations and rights.

3.3 ¯ Amendments to the Borrowing and Investment Powers Act 1987

Clause 3 provides that certain authorities may assume the obligations and rights obtained by another party if there is an appropriate provision in an agreement, or if all the parties agree. The Treasurer must give his approval in writing. The authorities to which the section applies are set out in Schedule 2 of the Borrowing and Investment Powers Act 1987. Clause 4 provides that the Treasurer may on behalf of the Government execute a guarantee of financial accommodation obtained under the new section inserted by clause 3.

Clause 5 inserts the Public Transport Corporation into Schedule 1 to enable it with the Treasurer's approval to obtain overdrafts, short and long term financial accommodation within Australia, to assume rights and obligations, to enter financial leases and financial arrangements, to invest in a manner approved by the Governor in Council and the Treasurer and to provide for guarantees of the Corporation's financial obligations.

3.4 ¯ Amendments to the Transport Act 1983

Clause 6 consequential to the conferral of overdraft powers under the Borrowing and Investment Powers Act 1987 amends section 76(1) of the Transport Act 1983 to remove the Public Transport Corporation's power to obtain financial accommodation by way of overdraft under that section.

Clause 7 inserts into the Transport Act 1983 the financial powers conferred under the Borrowing and Investment Powers Act 1987.

The Committee makes no further comment.

VICTORIAN PLANTATIONS CORPORATION (AMENDMENT) BILL

4.1

This Bill was introduced into the Legislative Assembly on 19 October 1994 by The Honourable Geoff Coleman MP with The Honourable Tom Reynolds MP.

4.2

The Bill amends the Victorian Plantations Corporation Act 1993. In particular, it:-

  • provides for the vesting in and divesting from the Corporation of various lands;
  • makes other amendments.

4.3

Clause 2 is the commencement provision. The Committee notes the retrospective effect of subsection (1).

Clause 4 inserts the definition of key diagram. Clause 5 amends plan references to replace references to certain plans with references to key diagrams. Clause 6 inserts new sections 8A, 8B, 8C and 8D into the Act which provide for the vesting of plantations in the Corporation, the divesting of land from the Public Transport Corporation to the Corporation, the reversion of land to the Crown and the vesting of land in the Government Employee Housing Authority. Certain land as specified in new section 8C is deemed never to have been vested in the Corporation.

Clause 7 amends the specified land to which access must be granted. Clause 8 inserts a new section 13A to provide for access rights under easements in specified instruments and Crown grants to be extended to the Corporation. Clause 9 provides that certain land divests from the Corporation and reverts to the Crown as unalienated Crown land. Certain lands must be seeded with eucalypt species upon completion of the final harvest.

Clause 10 amends section 29 which relates to land management co-operative agreements. It ensures that the Corporation's powers under Part 8 of the Conservation, Forests and Lands Act 1987 extend to the administration, amendment or variation of specified agreements under section 29(4). Clause 11 amends Schedule 1 by substituting and inserting various plans. Clause 12 gives the Registrar-General and the Registrar of Titles the power to make the necessary amendments to instruments or titles.

4.4 ¯ Variation of Section 85 of the Constitution Act 1975 (Section 4D(b)(i)(ii) and (iii) of the Parliamentary Committees Act 1968

Clause 13 provides that no compensation is payable by the Crown in respect of anything done under or arising out of this Act. Clause 14 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Act. The Committee notes the comments in the Second Reading Speech:-

"Clause 14 of the Bill provides that it is intended to alter or vary the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Act. The reason for preventing the Supreme Court from awarding compensation is as follows:

To enable the Crown to change the status of land to a status more appropriate to its current use, it is necessary to ensure that the land is no longer subject to any interests or rights arising out of the former use, other than those specifically provided for by the principal act. The existence of these interests and rights and claims for compensation based on them could delay or prevent a change in the use or status of the land."

The Committee has written to the Minister to ensure that there are no private legal interests which are adversely affected before forming a conclusion.

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