New South Wales Consolidated Acts

TEACHER HOUSING AUTHORITY ACT 1975 - SECT 19

19 Transfer of interests in land to Authority

(1) On and from a day specified in an agreement between a Minister (other than the Minister for Education) or the New South Wales Land and Housing Corporation and the Authority, any land that:

(a) is vested, for any estate or interest, in the Minister who is a party to that agreement or in the New South Wales Land and Housing Corporation, and

(b) is specified in that agreement,

shall vest, for that estate or interest, in the Authority.

(2) The day specified in an agreement referred to in subsection (1) shall not be a day before the appointed day or a day more than three months after the appointed day.

(3) On and from the appointed day, any land:

(a) vested in the Crown for the purposes of the Education Act 1990 , in the Minister for Public Instruction or in the Minister for Education, and

(b) on which a house is erected,

shall, except where the land forms part of land which is a school site, vest:

(c) where the land is land so vested in the Crown-in the Authority, or

(d) where the land is land vested, for any estate or interest, in the Minister for Public Instruction or the Minister for Education-in the Authority for that estate or interest.

(4) Where the Minister for Education certifies:

(a) that an agreement is an agreement for the purpose of subsection (1), or

(b) that, for the purpose of subsection (3):

(i) a house is erected on land described in the certificate, and

(ii) the land so described does not form part of land that is a school site,

the certificate is, for the purpose of any application by the Authority under section 46C of the Real Property Act 1900 , to become registered as the proprietor of land referred to in the agreement or described in the certificate, conclusive evidence of the facts stated in the certificate.

(5) On and from the day on which land specified in an agreement referred to in subsection (1), or referred to in subsection (3), vests in the Authority:

(a) all moneys and liquidated and unliquidated claims that, immediately before that day, were payable to or recoverable by the person in whom that land was vested in connection with that land shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Authority,

(b) all proceedings commenced before that day by the person in whom that land was vested in connection with that land and pending immediately before that day shall be deemed to be proceedings pending on that day by the Authority and all proceedings so commenced by any person against the person in whom that land was vested in connection with that land pending immediately before that day shall be deemed to be proceedings pending on that day by that person against the Authority,

(c) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the person in whom that land was vested in connection with that land and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Authority,

(d) the Authority may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of moneys and claims referred to in this subsection and for the prosecution of actions and proceedings so referred to as the person in whom that land was vested might have done in connection with that land but for the enactment of this Act,

(e) the Authority may enforce and realise any security or charge existing immediately before that day in favour of the person in whom that land was vested in connection with that land and may exercise any powers thereby conferred on the person in whom that land was vested as if the security or charge were a security or charge in favour of the Authority,

(f) all debts, moneys and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the person in whom that land was vested in connection with that land shall be debts due, moneys payable by and claims recoverable against, the Authority, and

(g) all liquidated and unliquidated claims for which the person in whom that land was vested would, but for the enactment of this Act, have been liable in connection with that land shall be liquidated and unliquidated claims for which the Authority shall be liable.

(6) No attornment to the Authority by a lessee from the person in whom any land specified in an agreement referred to in subsection (1), or referred to in subsection (3), was vested, is required.

(7) A person who, immediately before the day on which any land specified in an agreement referred to in subsection (1), or referred to in subsection (3), vests in the Authority was a licensee of any such land is, on and from that day, a licensee of that land from the Authority.