Schedule 1A Albury-Wodonga Area Development Agreement Amendment Agreement (No 1)
(Section 5A)
AN AGREEMENT (to be called the “Albury-Wodonga Area Development Agreement Amendment Agreement (No. 1)”) made this fourth day of September One thousand nine hundred and seventy-eight BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES, of the second part and THE STATE OF VICTORIA of the third part:
WHEREAS the Australian, New South Wales and Victorian Governments have agreed that certain amendments should be made to an agreement made between the parties hereto on the twenty-third day of October One thousand nine hundred and seventy-three and called the “Albury-Wodonga Area Development Agreement” (hereinafter referred to as “the principal agreement”):
NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:
1.
Unless the contrary intention appears, expressions used in this agreement have the same meanings as they have in the principal agreement.2.
(1)
This agreement, other than this sub-clause and sub-clause (2) of this clause, shall have no force or effect and shall not be binding on any of the parties hereto unless and until it is approved by the respective Parliaments of Australia, the State of New South Wales and the State of Victoria, but upon being so approved by those Parliaments, it shall be of full force and effect and binding on the parties.
(2)
The Australian, New South Wales and Victorian Governments will submit this agreement for approval to their respective Parliaments as soon as practicable after the date of this agreement.
3. Definitions
“‘Mayor of the City of Albury’ means the person for the time being elected to that office under the provisions of the Local Government Act 1919 of the State of New South Wales;
‘Mayor of the Rural City of Wodonga’ means the person for the time being elected to that office under the provisions of the Local Government Act 1958 of the State of Victoria;”.
4. Development Corporation
(1)
Subclause 5 (1) of the principal agreement is amended by deleting the word “five” and substituting the word “eight” and by deleting the word “two” where second occurring and substituting the word “five” and further by deleting all words appearing after the words “part-time members”.
(2)
Clause 5 of the principal agreement is amended by inserting after subclause (1) thereof the following subclause:“(1A)
The executive members and three of the part-time members will be appointed by the Governor-General, or the person who is at the date of the relevant appointment the person administering the Government of Australia, acting with the advice of the Federal Executive Council, and will hold office:(a) on such terms and conditions as are set out in the Australian Act; and(b) subject to that Act, on such other terms and conditions as are determined from time to time by the Ministerial Council.”.
(3)
Subclause 5 (4) of the principal agreement is deleted and the following subclauses substituted:“(4)
The three part-time members referred to in subclause (1A) of this clause will be appointed on the recommendation of the Australian Minister and will comprise:(i) one person selected by the Ministerial Council, whether before or after the commencement of this subclause, from a group of persons nominated on a basis to be determined from time to time by the Ministerial Council by the Council of the City of Albury, the Hume Shire Council and such other body or bodies as the Ministerial Council determines to be operating within the community in that part of the Area as is within the State of New South Wales;(ii) one person selected by the Ministerial Council, whether before or after the commencement of this subclause, from a group of persons nominated on a basis to be determined from time to time by the Ministerial Council by the Council of the Rural City of Wodonga, the Council of the United Shire of Beechworth, the Tallangatta Shire Council, the Yackandandah Shire Council, the Chiltern Shire Council and such other body or bodies as the Ministerial Council determines to be operating within the community in that part of the Area as is within the State of Victoria; and(iii) a person whom the Ministerial Council considers to be a businessman of national standing.(4A)
A part-time member appointed under subclause (4) of this clause will be appointed for a period not exceeding three years as is specified in the instrument of his appointment.(4B)
The part-time members other than those referred to in subclause (1A) of this clause will be the Mayor of the City of Albury and the Mayor of the Rural City of Wodonga who will each hold office:(a) on such terms and conditions as are set out in the Australian Act; and(b) subject to that Act, on such other terms and conditions as are determined from time to time by the Ministerial Council.(4C)
Notwithstanding the preceding provisions of this clause, if a person appointed as a member of the Development Corporation is or becomes Mayor of the City of Albury or Mayor of the Rural City of Wodonga subclause (4B) of this clause shall not have effect in relation to him, and the membership of the Development Corporation shall be reduced accordingly, for so long as he holds office as an appointed member.”.
(4)
Subclause 5 (1) of the principal agreement is amended by deleting the words “three persons” and substituting the words “a majority of the members for the time being holding office provided that there shall be present at least one executive member.”.
5. State Corporations
(1)
Subclause 7 (1) of the principal agreement is amended by deleting all words after the words “consisting of” and substituting the words “eight members of whom three—the Chairman and the two Deputy Chairmen—will be executive members and five will be part-time members.”.
(2)
Sub-clause 7 (2) of the principal agreement is deleted and the following sub-clause substituted:“(2)
In the case of each State Corporation the executive members and three of the part-time members will be appointed by the Governor of the constituting State”.
(3)
Sub-clause 7 (3) of the principal agreement is deleted and the following sub-clauses substituted:“(3)
In the case of each State Corporation:(a) the Chairman will be appointed on the recommendation of the State Minister of the constituting State;(b) each Deputy Chairman will be appointed on the recommendation of that State Minister on the nomination of the Australian Minister and the State Minister of the other State respectively; and(c) the three part-time members referred to in sub-clause (2) of this clause will be appointed on the recommendation of the State Minister of the constituting State and will comprise:(i) one person selected by the Ministerial Council, whether before or after the commencement of this sub-clause, from a group of persons nominated on a basis to be determined from time to time by the Ministerial Council by the Council of the City of Albury, the Hume Shire Council and such other body or bodies as the Ministerial Council determines to be operating within the community in that part of the Area as is within the State of New South Wales;(ii) one person selected by the Ministerial Council, whether before or after the commencement of this sub-clause, from a group of persons nominated on a basis to be determined from time to time by the Ministerial Council by the Council of the Rural City of Wodonga, the Council of the United Shire of Beechworth, the Tallangatta Shire Council, the Yackandandah Shire Council, the Chiltern Shire Council and such other body or bodies as the Ministerial Council determines to be operating within the community in that part of the Area as is within the State of Victoria; and(iii) a person whom the Ministerial Council considers to be a businessman of national standing.(3A)
The part-time members other than those referred to in sub-clause (2) of this clause will be the Mayor of the City of Albury and the Mayor of the Rural City of Wodonga.(3B)
Notwithstanding the other provisions of this clause, if a person appointed as a member of a State Corporation is or becomes Mayor of the City of Albury or Mayor of the Rural City of Wodonga sub-clause (3A) of this clause shall not have effect in relation to him, and the membership of the State Corporation shall be reduced accordingly, for so long as he holds office as an appointed member.”.
(4)
Sub-clause 7 (5) of the principal agreement is amended by deleting paragraph (a) and substituting the following paragraph:(a) for such period not exceeding:(i) in the respective cases of the Chairman and the Deputy Chairman nominated by the other State, five years;(ii) in the case of the Deputy Chairman nominated by the Australian Minister, seven years; and(iii) in the case of each part-time member other than those referred to in sub-clause (3A) of this clause, three yearsas is specified in the instrument of his appointment;”.
(5)
Sub-clause 7 (6) of the principal agreement is amended by deleting the words “two members” and substituting the words “a majority of the members for the time being holding office provided that there shall be present at least one executive member.”.
(6)
Clause 7 of the principal agreement is amended by inserting at the end thereof the following sub-clause:“(12)
In this clause, the reference to the Governor is a reference:(a) in the case of the State of New South Wales, to the person who is, at the date of the relevant appointment, the Governor of that State, or the person lawfully administering the Government of New South Wales, acting with the advice of the Executive Council of that State; and(b) in the case of the State of Victoria, to the person who is, at the date of the relevant appointment, administering the Government of Victoria with the advice of the Executive Council of that State.”.
6. Consultative Council Advisory Committees
“8.
The Development Corporation may establish advisory committees for the purpose of advising it in respect of the carrying out of its functions.”.
7. Operating Expenses of Development Corporation
IN WITNESS WHEREOF this agreement has been respectively signed for and on behalf of the parties hereto on the day and year first abovewritten.
SIGNED by the Right Honourable JOHN MALCOLM FRASER, Prime Minister of Australia, in the presence of: D. BUDD. |  | MALCOLM FRASER. |
SIGNED by the Honourable NEVILLE KENNETH WRAN, Premier of the State of New South Wales, in the presence of: G. GLEESON. | | NEVILLE WRAN. |
SIGNED by the Honourable RUPERT JAMES HAMER, Premier of the State of Victoria, in the presence of: K. D. GREEN. J. JACK. | | R. J. HAMER. |