New South Wales Consolidated Acts

ZOOLOGICAL PARKS BOARD ACT 1973 - SECT 44

44 Transfer of rights, liabilities and property to Board

(1) On and from the appointed day:

(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to the former trustees shall vest in and belong to the Board,

(b) all moneys and liquidated and unliquidated claims that, immediately before that day, were payable to or recoverable by the former trustees shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Board,

(c) all proceedings commenced before that day by the former trustees and pending immediately before that day shall be deemed to be proceedings pending by the Board and all proceedings so commenced by any person against the former trustees and pending immediately before that day shall be deemed to be proceedings pending by that person against the Board,

(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the former trustees 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 Board,

(e) the Board 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 proceedings so referred to as the former trustees might have done but for the enactment of this Act,

(f) the Board may enforce and realise any security or charge existing immediately before that day in favour of the former trustees and may exercise any powers thereby conferred on the body corporate as if the security or charge were a security or charge in favour of the Board,

(g) all debts, moneys and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the former trustees shall be debts due, moneys payable by and claims recoverable against, the Board, and

(h) all liquidated or unliquidated claims for which the former trustees would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Board shall be liable.

(2) This section extends so as to apply to and in respect of the Park lands, but not so as to transfer to the Board the estate or interest of the former trustees under section 3 (1) of the Taronga Zoological Park Act 1956 .

(3) No attornment to the Board by a lessee from the former trustees shall be required.

(4) A reference (however expressed) in any other Act or in any by-law, regulation or statutory instrument or in any other document, whether of the same kind or of a different kind, to the former trustees shall be read and construed as a reference to the Board.

(5) A by-law made by the former trustees under the Public Parks Act 1912 shall, to the extent to which it was in force immediately before the appointed day, and to the extent to which it is not inconsistent with this Act, be deemed to be a regulation made under this Act.

(6) The persons who, immediately before the appointed day, were employees of the former trustees shall, on that day, become and be employees of the Board, and:

(a) where the salary or wages payable to any such person was or were, immediately before that day, regulated by an award or industrial agreement, that person shall be paid salary or wages at a rate not less than the rate which was payable to him or her immediately before that day as an employee of the former trustees, subject to any adjustment necessary to give effect to any fluctuation in the basic wage for adult males, or adult females, as the case may be, for the time being in force within the meaning of Part 5 of the Industrial Arbitration Act 1940 , until that salary or those wages is or are varied by an award by which the Board is bound made by a competent tribunal or by an industrial agreement to which the Board is a party, and

(b) where any condition of employment of any such person was, immediately before that day, regulated by an award or industrial agreement, that condition shall continue to be so regulated until it is varied by an award by which the Board is bound made by a competent tribunal, or that condition is regulated by an industrial agreement to which the Board is a party,

(c) annual, sick and long service leave shall continue to accrue to any such person on the same basis as they accrued to him or her as an employee of the former trustees immediately before that day, until that basis is varied or altered in accordance with this Act or any other Act or law,

(d) for the purpose of calculating the entitlement to long service leave of any such person under this subsection:

(i) any service of the person which by the terms of any Act or of any staff agreement or of any award or industrial agreement was, immediately before that day, required to be taken into account for the purpose of determining his or her entitlement to that leave as an employee of the former trustees shall be deemed to be service with the Board, and

(ii) there shall be deducted from any long service leave to which the employee of the Board becomes entitled, as such an employee, any long service leave taken by him or her in respect of any period of service referred to in subparagraph (i), and

(e) any such person shall be entitled to receive as an employee of the Board any annual leave or sick leave accrued to him or her as an employee of the former trustees immediately before that day.

(7) Nothing in subsection (6) affects the operation of subsection (1) (d) in relation to any contracts, agreements or arrangements entered into by the former trustees with respect to any staff superannuation scheme.

(8) A person referred to in subsection (6) shall not be entitled to receive benefits under this Act as well as any other Act in respect of the same period of service.

(9) Nothing in this section affects the operation of the Industrial Arbitration Act 1940 .