32 Amendments and transitional provisions relating to new State enterprises

(1)

The enactments specified in Schedules 3 and 5 are hereby amended in the manner indicated in those schedules.

(2)

During the period beginning on 1 April 1987 and ending with the close of 31 December 1987,—

(a)

the enactments specified in Schedule 4 shall have effect as stated in that schedule; and

(b)

the Town and Country Planning Act 1977 and the Public Works Act 1981 shall have effect as if every State enterprise named in Schedule 2 of this Act were the Crown and every work and every use of land which such a State enterprise constructs, undertakes, establishes, manages, operates, or maintains by virtue of any Act were a public work within the meaning of the Public Works Act 1981:

provided that where any negotiations or action had been commenced before the close of 31 December 1987 in respect of the taking or acquisition of any land that is to be transferred by the Crown to a State enterprise pursuant to section 23, the taking or acquisition may be continued and concluded as if the land were required for a public work.

(3)

Where, by virtue of subsection (2), a State enterprise has any power, right, or authority that it would not otherwise have, the responsible Minister may at any time or times, by notice in the Gazette,—

(a)

direct the State enterprise not to exercise that power, right, or authority; or

(b)

impose conditions on the exercise of that power, right, or authority,—

either generally or in any particular case or cases.

(4)

A State enterprise must comply with a notice given under subsection (3), and the notice is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5)

[Repealed]

(6)

Notwithstanding anything in this or any other Act, or any rule of law, any proceedings commenced (whether before or after the commencement of this Act) in any court or tribunal, in respect of the exercise or intended exercise of any power to which this section applies, may be continued and determined in respect of land (whether or not the land is transferred to a State enterprise) as if the land were still owned by the Crown.

(7)

Notwithstanding subsections (2) and (5), Part 3 of Schedule 4 shall continue to have effect after 31 December 1988 until the close of 30 June 1990.

Section 32(2) proviso: added (with effect on 1 April 1987), on 1 July 1987, by section 9(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Section 32(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 32(5): repealed, on 1 February 1990, by section 8(b) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Section 32(6): added (with effect on 1 April 1987), on 1 July 1987, by section 9(2) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Section 32(7): added, on 10 December 1988, by section 2 of the State-Owned Enterprises Amendment Act (No 5) 1988 (1988 No 169).

Section 32(7): amended (with effect on 30 June 1989), on 26 July 1989, by section 2 of the State-Owned Enterprises Amendment Act 1989 (1989 No 45).