National Wine Centre (Restructuring and Leasing Arrangements) Act 2002 (SA)

South Australia National Wine Centre (Restructuring and Leasing Arrangements) Act 2002 An Act to make provision for the restructuring of the National Wine Centre, the leasing of Centre land and other dealings with assets and liabilities of the Centre; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Centre land Part 2—Control and management of National Wine Centre Division 1—Minister to replace body corporate 4 Minister to replace body corporate Division 2—Continuation of dedication of Centre land 5 Continuation of dedication of Centre land Division 3—Leasing and transfer arrangements 6 Minister may lease Centre land 7 Minister may deal with other assets and liabilities 8 Related provisions Division 4—Staff 9 Staff Division 5—Issue of liquor licence 10 Sale and supply of liquor Schedule 2—Transitional provisions 2 Transitional provision—Centre land Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002. 3—Interpretation (1) In this Act, unless the contrary intention appears— asset means— (a) a present, contingent or future legal or equitable estate or interest in real or personal property; or (b) a present, contingent or future right, power, privilege or immunity, (and includes a present or future cause of action in favour of the Centre); Centre means the National Wine Centre established under the repealed Act; Centre asset means— (a) any asset (including official insignia) vested in the Centre immediately before its dissolution under section 4; (b) any other asset of the Minister or of the Crown that is, by determination of the Minister, to be regarded as a Centre asset, but does not include Centre land; Centre land—see section 3A; Centre liability means— (a) any liability of the Centre immediately before its dissolution under section 4; (b) any other liability of the Minister or of the Crown that is, by determination of the Minister, to be regarded as a Centre liability; contracting party—see Part 2 Division 3; lease includes— (a) a sub-lease or other derivative of a lease; (b) hire of personalty; (c) a licence; lessee—see Part 2 Division 3; liability means a present, contingent or future liability or obligation (including a non-pecuniary obligation and a present or future cause of action against the Centre); official insignia means all official insignia under the repealed Act; repealed Act means the National Wine Centre Act 1997. (2) The Minister may, by instrument in writing, determine that a Centre asset is to be regarded as personalty although annexed to land (and any such determination will have effect according to its terms and despite the provisions of any other law or instrument). (3) The Minister may, by subsequent instrument in writing, vary or revoke a determination under subsection (2). 3A—Centre land (1) Subject to this section, the Centre land will be the area of land shown as Allotment 100 in Lands Titles Registration Office Deposited Plan 66751. (2) The Minister may, by instrument deposited in the Lands Titles Registration Office, vary the Centre land. (3) However— (a) a variation must not be made under subsection (2) by virtue of which any land would be added to the Centre land except in pursuance of a resolution passed by both Houses of Parliament; and (b) a variation must not be made under subsection (2) by virtue of which any land would be placed under the control of the Board of the Botanic Gardens and State Herbarium except with the concurrence of that board. (4) The Minister must also consult with the Surveyor-General, and any lessee or other person who may be directly affected, before the Minister deposits an instrument under subsection (2). (5) A variation to the Centre land under this section will, by force of this section, vary any relevant dedication of the land affected by the variation. (6) For the purposes of this section, the Centre land may be varied by the depositing of a new plan (with a new number) in the Lands Titles Registration Office.