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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Ambulance Services (Further Amendment) Act
1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 1
4. Definitions 2
5. New section 3A inserted 3
3A. Interpretation: trust instruments 3
6. New section 23A inserted 3
23A. Trusts in relation to ambulance services 4
7. Amendment of heading to Part 9 5
8. New section 39A inserted 5
39A. Supreme Court--limitation of jurisdiction 5
9. New sections 42A and 42B inserted 5
42A. Transitional provision (1999 amendments) 5
42B. Savings provision: validity of things done by trustees 5
NOTES 7
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s. 3
PARLIAMENT OF VICTORIA
A BILL
to amend the Ambulance Services Act 1986 and for other purposes.
Ambulance Services (Further
Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Ambulance Services Act 1986 to provide that
certain bequests and trusts are not affected by the
5 abolition of an ambulance service.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. Principal Act
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Ambulance Services (Further Amendment) Act 1999
Act No.
In this Act, the Ambulance Services Act 1986 is
No. 114/1986.
called the Principal Act.
Reprint No. 1
as at
19 September
1996.
Subsequently
amended by
Nos 35/1996,
38/1998 and
46/1998.
4. Definitions
In section 3(1) of the Principal Act, insert the
5 following definitions--
' "abolished ambulance service" means an
ambulance service that was at any time--
(a) created under section 23; or
(b) listed in Schedule 1--
10 but was--
(c) abolished by force of an Order under
section 23(1)(g); or
(d) removed from the list in Schedule 1 by
force of an Order under section
15 23(1)(h);
"successor ambulance service", in relation to an
abolished ambulance service, means an
ambulance service that is by force of section
23A(1) to be taken to be the same body as
20 the abolished ambulance service for the
purposes of any trust in relation to the
abolished ambulance service, whether as a
result of the successor ambulance service--
(a) immediately succeeding the abolished
25 ambulance service; or
(b) succeeding an ambulance service that
had succeeded the abolished ambulance
service (immediately or otherwise) and
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Ambulance Services (Further Amendment) Act 1999
s. 5
6
Act No.
regardless of the ambulance service's
position in any such chain of
succession;
"trust", in relation to an abolished ambulance
5 service, means--
(a) a gift, disposition or trust of property
made or declared, or deemed to have
been made or declared; or
(b) a trust fund created--
10 whether by deed, will or otherwise to, or in
favour of, for the use of, or for the purposes
of, the abolished ambulance service or under
its terms capable of being given to, or
applied in favour of, for the use of, or for the
15 purposes of, the abolished ambulance
service.'.
5. New section 3A inserted
After section 3 of the Principal Act insert--
"3A. Interpretation: trust instruments
20 If the terms of an instrument creating a trust
(as defined in section 3(1)) in relation to an
abolished ambulance service, specify
particular purposes of the ambulance service
for which the trust is created, then any
25 reference to the purposes of the abolished
ambulance service is a reference to the
purposes (if any) of the successor ambulance
service that correspond with, or are similar
to, those specified purposes of the abolished
30 ambulance service.".
6. New section 23A inserted
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Ambulance Services (Further Amendment) Act 1999
Act No.
After section 23 of the Principal Act insert--
"23A. Trusts in relation to ambulance services
(1) On and from the date on which an Order
under section 23 comes into operation, being
5 an Order that abolishes an ambulance service
or removes an ambulance service from the
list in Schedule 1 and transfers its assets,
powers, works, rights, liabilities or
obligations to another ambulance service
10 (the new ambulance service)--
(a) the abolished ambulance service must
be taken, for the purposes of any trust
in relation to it, not to have been
abolished or removed from the list in
15 Schedule 1; and
(b) the new ambulance service must be
taken to be the same body as the
abolished ambulance service for those
purposes; and
20 (c) without limiting the effect of
paragraphs (a) and (b), an instrument
creating a trust in relation to--
(i) the abolished ambulance service;
or
25 (ii) another abolished ambulance
service of which the abolished
ambulance service is the successor
ambulance service--
continues to have effect according to its
30 tenor as if the trust were in relation to
the new ambulance service.
(2) Sub-section (1) has effect with respect to--
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(a) an Order made under section 23 before
the commencement of the Ambulance
Services (Further Amendment) Act
1999; and
5 (b) an instrument of a kind referred to in
sub-section (1)(c)--
in the same way as it would if it had been in
force at the time when the Order was made
and must be taken to have always had that
10 effect on and from that time.".
7. Amendment of heading to Part 9
In the heading to Part 9 of the Principal Act for
"REGULATIONS" substitute
"MISCELLANEOUS".
15 8. New section 39A inserted
After the heading to Part 9 of the Principal Act
insert--
"39A. Supreme Court--limitation of jurisdiction
It is the intention of section 42B to alter or
20 vary section 85 of the Constitution Act
1975.".
9. New sections 42A and 42B inserted
After section 42 of the Principal Act insert--
'42A. Transitional provision (1999 amendments)
25 The amendments of this Act made by the
Ambulance Services (Further
Amendment) Act 1999 apply with respect
to a trust (as defined in section 3(1)) in
relation to an abolished ambulance service,
30 whether the trust was created before or after
the commencement of that Act.
42B. Savings provision: validity of things done
by trustees
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Ambulance Services (Further Amendment) Act 1999
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(1) Anything done or omitted to be done before
the commencement day by a trustee of a trust
(as defined in section 3(1)) that would not
have constituted a breach of trust had the
5 Ambulance Services (Further
Amendment) Act 1999 been enacted at the
time at which the thing was done or omitted
to be done is not to be regarded as
constituting a breach of trust and the trustee
10 is not liable for breach of trust on account of
that act or omission.
(2) Nothing effected by the Ambulance
Services (Further Amendment) Act 1999
is to be regarded as making a trustee of a
15 trust (as defined in section 3(1)) liable for
breach of trust on account of anything done
or omitted to be done before the
commencement day by the trustee that would
not have constituted a breach of trust had the
20 Ambulance Services (Further
Amendment) Act 1999 never been enacted
and on and from that day the trustee is not
liable for breach of trust on account of that
act or omission.
25 (3) In this section "commencement day"
means the day on which the Ambulance
Services (Further Amendment) Act 1999
comes into operation.'.
30
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Ambulance Services (Further Amendment) Act 1999
Act No.
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