New South Wales Consolidated Acts

PRESBYTERIAN CHURCH (CORPORATIONS) ACT 1995 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 25)

Part 1 - General

1 Regulations

(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Statute Law (Miscellaneous Provisions) Act 2005 , but only to the extent that it amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned 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.

Part 2 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2005

2 Definitions

In this Part:
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"conveyance" includes transfer, assignment and assurance.
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means all liabilities, debts or obligations (whether present or future and whether vested or contingent).

3 Dissolution of Superannuation Corporation

(1) The Superannuation Corporation is dissolved.

(2) No compensation is payable to a member of the Superannuation Corporation for loss of office by reason of the dissolution of the Corporation.

4 Abolition of Superannuation Fund

The Superannuation Fund is abolished.

5 Transfer of assets, rights and liabilities

On the day that the Superannuation Corporation is dissolved, the assets, rights and liabilities (if any) of the dissolved Superannuation Corporation are transferred to the Property Trust and the following provisions have effect:

(a) the assets of the dissolved Superannuation Corporation vest in the Property Trust by virtue of this clause without the need for any conveyance,

(b) the rights and liabilities of the dissolved Superannuation Corporation become the rights and liabilities of the Property Trust,

(c) all proceedings commenced before that day by or against the dissolved Superannuation Corporation and pending immediately before that day are taken to be proceedings pending by or against the Property Trust,

(d) any act, matter or thing related to those assets, rights or liabilities done or omitted to be done before that day, by, to or in respect of the dissolved Superannuation Corporation is (to the extent that the act, matter or thing has any force or effect) taken to have been done by, to or in respect of the Property Trust,

(e) a reference in any instrument (other than this Act) of any kind to the dissolved Superannuation Corporation is taken to be a reference to the Property Trust.