New South Wales Consolidated Acts New South Wales Consolidated ActsSection 4
All real and personal property and all right and interest therein and all management and control of any land or thing which is vested in the trustees of the League in trust for the League shall vest in and belong to the corporation.
All moneys liquidated and unliquidated claims which immediately before the commencement of this Act are payable to or recoverable by the League or any person for or on behalf of the League shall be moneys, liquidated and unliquidated claims payable to or recoverable by the corporation.
All suits, actions and proceedings pending at the suit of the League or any person for or on behalf of the League in relation to any matter or claim whatsoever shall be suits, actions, and proceedings pending at the suit of the corporation.
All contracts, agreements, and undertakings entered into with and all securities lawfully given to or by any person for or on behalf of the League and in force at the commencement of this Act shall be contracts, agreements, and undertakings entered into with and securities given to or by the corporation.
The corporation may pursue the same remedies for the recovery of any such moneys and claims, and for the prosecution of such suits, actions, and proceedings as the League or any person for or on behalf of the League might have done but for this Act.
The corporation may enforce and realise any security or charge existing at the commencement of this Act in favour of the League or any person for or on behalf of the League in respect of any such moneys and claims as if such security or charge were existing in favour of the corporation.
All debts due and moneys payable by, and all claims, liquidated and unliquidated, recoverable against the league or any person for or on behalf of the League shall be debts due and moneys payable by and claims recoverable against the corporation.
It shall be lawful for the State Council at any time to design and to change or alter the common seal of the corporation.
The common seal shall be kept in the custody of the secretary and shall not
be affixed to any instrument except in pursuance of a resolution of the
State Council.
Any instrument executed in pursuance of any such resolution shall be attested
by the signature of any two members of the State Council.
All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the corporation affixed to any deed or instrument, and shall, where the instrument purports to have been executed in accordance with clause 9, presume that such seal was properly affixed thereto.
Any notice, summons, writ or other proceeding required to be served upon the trust may be served by being left at the office of the corporation.
Every notice, order, summons or other like document requiring authentication by the corporation may be sufficiently authenticated without the seal of the corporation if signed by the secretary.
As soon as
practicable after the commencement of this Act an instrument certified under
the seal of the corporation to be a copy of the constitution, and an
instrument certified under the said seal to be a copy of the constitution of
the Returned Sailors and Soldiers’ Imperial League of Australia, shall be
registered in the office of the Registrar-General in the manner prescribed by
regulations made under the Conveyancing Act 1919-1932 ; and upon any
alteration in either of the said constitutions there shall be registered in
the said office in like manner an instrument certified under the said seal
setting forth the terms of the said alteration.
The production of a copy of any instrument so registered, certified by the
Registrar-General or a deputy registrar-general, shall be received in all
courts as conclusive evidence of the contents of the instrument; and in favour
of any person dealing bona-fide and for value with the corporation shall,
together with this Act, be conclusive evidence of the objects and powers for
the time being of the corporation unless such person shall have notice to the
contrary.
As soon as practicable after the commencement of this Act a notification of the address of the office of the corporation in or to the effect of the form and in the manner prescribed by regulations made under the Conveyancing Act 1919-1932 shall be registered in the office of the Registrar-General and a like notification of every change of address shall be registered in like manner.
It shall be the duty of the secretary to take all necessary steps to comply with the provisions of clauses 13 and 14.
The persons who, immediately before the commencement of this Act, hold office as members of the State Council or State Executive shall continue to hold such office until their successors are elected or appointed in accordance with the constitution.
The secretary and other officers and employees of the League holding office immediately before the commencement of this Act shall continue to hold their respective offices until the same are terminated in accordance with the constitution.
The sub-branches and subsections of the League in existence immediately before the commencement of this Act, shall, subject to the constitution, be sub-branches and subsections of the corporation; and all persons who, immediately before the commencement of this Act, hold office in any such sub-branch or subsection shall continue to hold such office until their successors are elected or appointed in accordance with the constitution.