New South Wales Consolidated Acts

GREEK ORTHODOX ARCHDIOCESE OF AUSTRALIA CONSOLIDATED TRUST ACT 1994 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 31)

1 Definition

In this Schedule, "former trustee" means the company or any other person in whom, immediately before the appointed day, property was vested in trust for the Church.

2 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) Any such provisions may, if the regulations so provide, take effect as from the date of assent to this Act or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

3 Claims and liabilities in relation to the Trust

On and from the appointed day, the following provisions have effect in relation to the Trust:

(a) the rights and liabilities of a former trustee become rights and liabilities of the Trust to be exercised and discharged in accordance with this Act,

(b) the obligations of a former trustee become obligations of the Trust to be performed in accordance with this Act,

(c) proceedings before a court or tribunal by or against a former trustee that, immediately before the appointed day, were pending or in the course of being heard are taken to be proceedings by or against the Trust,

(d) to the extent to which an act, matter or thing done or omitted to be done on behalf of a former trustee had any force or effect immediately before the appointed day, it is taken to be an act, matter or thing done or omitted to be done by the Trust,

(e) a reference in any instrument to a former trustee is to be read as a reference to the Trust,

(f) time that had commenced to run in relation to a former trustee is taken to be time that had commenced to run in relation to the Trust.