New South Wales Consolidated Acts

BOTANY CEMETERY AND CREMATORIUM ACT 1972 - SECT 6

6 Transfer of property etc of trustees of the cemetery to the cemetery trust

(1) In this section, "the trustees" means the trustees of the cemetery immediately before the commencement of this Act.

(2) Upon the commencement of this Act:

(a) the property of the trustees relating to the care, control and management of the cemetery, including all moneys, books of account, registers, records and all documents and things relating to, or connected with, the operation of the cemetery, shall become the property of the cemetery trust,

(b) all moneys, or liquidated or unliquidated claims, which, immediately before the commencement of this Act, were payable to or recoverable by the trustees in connection with the care, control and management of the cemetery shall be moneys, or liquidated or unliquidated claims, payable to, or recoverable by, the cemetery trust,

(c) all suits, actions and proceedings pending immediately before the commencement of this Act at the suit of the trustees, in connection with the care, control and management of the cemetery, shall respectively be suits, actions and proceedings pending at the suit of the cemetery trust and all suits, actions and proceedings so pending at the suit of any person against the trustees, in connection with the care, control and management of the cemetery, shall respectively be suits, actions and proceedings pending at the suit of that person against the cemetery trust,

(d) all contracts, agreements and undertakings entered into with, and all securities lawfully given to, or by, the trustees, in connection with the care, control and management of the cemetery, and in force immediately before the commencement of this Act, shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to, or by, the cemetery trust,

(e) the cemetery trust may, in connection with the care, control and management of the cemetery, pursue the same remedies for the recovery of such moneys and claims, and for the prosecution of such suits, actions and proceedings as the trustees might have done had this Act not been enacted,

(f) the cemetery trust may enforce and realise any security or charge, existing immediately before the commencement of this Act, in favour of the trustees in connection with the care, control and management of the cemetery, as if the security or charge were a security or charge in favour of the cemetery trust,

(g) all debts, moneys and claims, liquidated or unliquidated, that, immediately before the commencement of this Act, were due or payable, or recoverable against, the trustees in connection with the care, control and management of the cemetery shall be debts due and moneys payable by, and claims recoverable against, the cemetery trust, and

(h) all liquidated and unliquidated claims in connection with the care, control and management of the cemetery for which the trustees would, but for this Act, have been liable shall be liquidated and unliquidated claims for which the cemetery trust shall be liable.