New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 17)
In this Schedule:
"appointed day" means the day appointed and notified under section 2 (2).
"former Institute" means the institute known immediately before the appointed
day as the Garvan Institute of Medical Research.
(1) On and from the appointed day:(a) all personal property, all rights and interests therein and all control and management thereof that, immediately before that day, belonged to or was or were vested in the Sisters of Charity and used for the purposes of the former Institute shall vest in the Institute,(b) all deeds, contracts, agreements, arrangements and undertakings entered into by or on behalf of the Sisters of Charity for the purposes of the former Institute and in force immediately before that day shall be deemed to be deeds, contracts, agreements, arrangements and undertakings entered into by the Institute,(c) any action, arbitration or legal or other proceeding which was immediately before that day pending or subsisting by or in favour of or against the Sisters of Charity in respect of the former Institute shall not be abated or discontinued or prejudiced by reason of the provisions of this Act but may be prosecuted, continued or enforced by or in favour of or against the Institute in the same manner in which it might have been prosecuted, continued or enforced by or in favour of or against the Sisters of Charity if this Act had not been enacted,(d) all acts, matters and things of a continuing nature and pertaining to the former Institute made, done or commenced before that day by the Sisters of Charity which have any force or effect or are capable of acquiring any force or effect shall be deemed to have been made, done or commenced by or in relation to or on behalf of the Institute and shall have effect and may be continued or completed by or in relation to or on behalf of the Institute accordingly, and(e) the benefit of all work and research carried out by the former Institute prior to that day and all industrial property rights (including, without limiting the generality of that expression, patents, copyrights, trademarks, registered designs, secret information and know-how) and the right to apply for any such industrial property rights which immediately before that day were vested in the Sisters of Charity as a consequence or by reason of that work or research shall vest in the Institute.
(2) Nothing in subclause (1) affects the estate or interest held, immediately before the appointed day, by the trustees of the land belonging to Saint Vincent’s Hospital, Darlinghurst, in that land.
Where any property, right or interest to which clause 2 (1) (a) applies was acquired before the appointed day by the Sisters of Charity by gift inter vivos, devise or bequest subject to a condition agreed to by or on behalf of the Sisters of Charity, the Institute shall be deemed to have agreed, under section 6 (3), to the condition subject to which the property, right or interest, as the case may be, was acquired.
(1) The Declaration of Trust dated 5 November 1962 and made by Edna Mavis Skewes, Margaret Alma Peardon and Frederick McDonough, a copy of which was registered at the office of the Registrar-General as Number 350, Book 2633 shall have effect as if:(a) references in clauses 1, 2 and 3 of that instrument to the Trustees or the Trustees for the time being of Saint Vincent’s Hospital were references to the Board,(b) the reference in clause 3 (a) (i) of that instrument to a Director of Clinical Medical Research were a reference to the Executive Director,(c) the reference in clause 3 (a) (i) of that instrument to the Director’s being appointed by the Trustees for the time being of Saint Vincent’s Hospital were a reference to the Executive Director’s being elected by the nominated directors, within the meaning of Schedule 1, and(d) the reference in clause 3 (a) (ii) of that instrument to research in Clinical Medicine were a reference to research in the field of human medicine promoted by the Institute in accordance with its objects,and as if clauses 4 and 6 of that instrument were omitted therefrom.
(2) The Constitution of The Garvan Research Foundation (St. Vincent’s Hospital, Sydney) dated 22 December 1980 shall have effect as if:(a) references wherever occurring in that instrument to the Garvan Institute of Medical Research or the Institute were references to the Institute, within the meaning of this Act, and(b) references wherever occurring in that instrument to the Director of the Garvan Institute of Medical Research were references to the Executive Director.
A reference in any instrument to the Garvan Institute of Medical Research, being a reference made in relation to a gift inter vivos, devise or bequest of any interest in real or personal property which would, but for this Act, have vested on or after the appointed day in any person in trust for the purposes of the former Institute shall be read and construed as a reference to the Institute.
The former Institute is hereby dissolved.