New South Wales Consolidated Acts

SAINT ANDREW'S COLLEGE ACT 1998 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 20)

1 Definitions

In this Schedule:
"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.
"former Council" means the corporation constituted by the repealed Act and known as The Principal and Councillors of Saint Andrew’s College.
"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 any liabilities, debts or obligations (whether present or future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

2 Dissolution of former Council

The former Council is dissolved.

3 Transfer of assets, rights and liabilities of former Council

(1) The assets, rights and liabilities of the former Council are transferred to the Council.

(2) On the transfer, the following provisions have effect:

(a) the assets of the former Council vest in the Council by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,

(b) the rights and liabilities of the former Council become, by virtue of this clause, the rights and liabilities of the Council,

(c) all proceedings commenced before the transfer by or against the former Council and pending immediately before the transfer are taken to be proceedings pending by or against the Council,

(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former Council is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Council.

(3) The operation of this clause is not to be regarded:

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(4) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.

(5) No attornment to the Council by a lessee from the former Council is required.

(6) Assets vesting in the Council by virtue of this clause are not to be dealt with contrary to the provisions of any trust affecting the assets immediately before the constitution of the Council (being provisions as to the purposes for which the assets may or are required to be applied).

(7) Duty is not chargeable in respect of the transfer of assets, rights and liabilities by operation of this clause.

4 Construction of references to former Council

A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind, to the former Council is taken to be a reference to the Council.

5 Existing members to comprise new Council until first general election

(1) Until such time as the first general election of the members of the Council is held in accordance with the by-laws, the Council comprises, subject to this Act and the by-laws, those persons who constituted the former Council immediately before the commencement of this Schedule. The Council as so constituted is taken to be constituted in accordance with this Act and the by-laws.

(2) The persons who hold office by virtue of subclause (1) hold the same positions on the Council as they held under the former Act immediately before the commencement of this Schedule.

(3) The person who held office as Principal immediately before the commencement of this Schedule is, on that commencement, taken to have been appointed to that office in accordance with this Act.

6 Existing by-laws

The by-laws made by the former Council under the repealed Act, as in force immediately before the commencement of this Schedule:

(a) continue in force as if they had been made by the Council, and

(b) may be amended and repealed accordingly.