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Contents (2009 - 2)
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Barangaroo Act 2009 No 2
Current version for 1 July 2019 to date (accessed 17 October 2019 at 17:40)
Part 6
Part 6 Miscellaneous
39   No duty payable in relation to agreements, vestings or transfers under Act
Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a)  a vesting or transfer of land or other property effected under this Act or in accordance with arrangements entered into under this Act, or
(b)  anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.
40, 41   (Repealed)
42   Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a)  with the consent of the person from whom the information was obtained, or
(b)  in connection with the administration or execution of this Act, or
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.
Maximum penalty: 20 penalty units.
43   Misuse of information
(1)  If, through association with Infrastructure NSW, a person has knowledge of specific information relating to proposals made, or to be made, by Infrastructure NSW in respect of the acquisition, development or disposal of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person contravenes this subsection if the person:
(a)  deals, directly or indirectly, in that or in any other land for the purpose of gaining an advantage for the person by the use of that information, or
(b)  divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that or in any other land.
Maximum penalty: 20 penalty units.
(2)  If, through association with Infrastructure NSW, a person is in a position to influence proposals made, or to be made, by Infrastructure NSW in respect of the acquisition, development or disposal of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person contravenes this subsection if:
(a)  the person does so for the purpose of gaining an advantage for the person, or
(b)  the person does so for the purpose of enabling another person to gain an advantage.
Maximum penalty: 20 penalty units.
(3)  If:
(a)  a contravention of subsection (1) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, or
(b)  a contravention of subsection (2) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, being an advantage which would not have been gained if the proposals concerned had not been influenced,
any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence in respect of a contravention of subsection (1) or (2), liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.
(4)  If a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and:
(a)  in the case of any dealing to which subsection (1) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the specific information used to gain that advantage had been generally known at that time, or
(b)  in any case to which subsection (2) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the proposals concerned had not been influenced.
(5)  An action to recover a loss referred to in subsection (3) may not be brought more than 5 years after the dealing in land in relation to which the loss was incurred.
(6)  For the purposes of this section, a person is associated with Infrastructure NSW:
(a)  if the person is a member of the Board, or a member of staff of Infrastructure NSW, or a person of whose services Infrastructure NSW makes use, or who is otherwise appointed, employed or engaged, pursuant to this Act, or
(b)  if the person is a committee member of an advisory committee, or
(c)  if the person is an employee of the Department within the meaning of the Environmental Planning and Assessment Act 1979 or a person who is a member of a committee or subcommittee established by or under that Act, or
(d)  if the person is an officer or an employee of a council, or
(e)  if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for Infrastructure NSW, the Minister, the Department of Planning and Environment or a council, or
(f)  where the person, so associated by virtue of paragraph (e), is a corporation, if the person is a director, manager or secretary of the corporation.
44   Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
45   Penalty notices
(1)  An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2)  A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3)  The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
 The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6)  In this section, authorised officer means a person authorised in writing by Infrastructure NSW as an authorised officer for the purposes of this section.
46, 47   (Repealed)
48   Recovery of money
Any charge, fee or money due or payable to Infrastructure NSW under this Act may be recovered as a debt in a court of competent jurisdiction.
49   Service of documents
(1)  A document that is authorised or required by this Act or the regulations to be served on any person may be served by:
(a)  in the case of a natural person:
(i)  delivering it to the person personally, or
(ii)  sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii)  sending it by facsimile transmission to the facsimile number of the person or by email to the internet address of the person, or
(b)  in the case of a body corporate:
(i)  leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii)  sending it by facsimile transmission to the facsimile number of the body corporate or by email to the internet address of the body corporate.
(2)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
50   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, regulations may be made for or with respect to the following:
(a)  the functions of Infrastructure NSW under this Act,
(b)  the fees and charges that may be imposed for the purposes of this Act,
(c)    (Repealed)
(d)  regulating the use by the public of, and the conduct of the public on, land vested in or managed by Infrastructure NSW under this Act or public areas within Barangaroo,
(e)  regulating the use of facilities of Infrastructure NSW and the provision of services by Infrastructure NSW,
(f)  requiring the payment of fares or other charges for the use of any facility operated or service provided by Infrastructure NSW under this Act,
(g)  authorising a person granted a lease, licence or other authority by Infrastructure NSW to require the payment of fares or other charges for the use of any facility operated or service provided under the lease, licence or other authority,
(h)  conferring on Infrastructure NSW for the purposes of this Act any function that may be exercised by a council in relation to a public place.
(3)  The regulations may create an offence punishable by a maximum penalty of 20 penalty units.
51   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.