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PARLIAMENT OF VICTORIA
Construction Industry Long Service Leave Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--CONSTRUCTION INDUSTRY LONG SERVICE
LEAVE FUND 4
4. Long service leave charges 4
5. Recovery of charges 5
6. Entitlements 5
7. Restriction on powers of trustee 5
8. Registers 6
9. Requirement to keep records and make returns 7
10. Trustee may request information 8
11. Enforcement of information request 9
12. Disputes 10
13. Contracting out prohibited 11
14. Rule against perpetuities 11
PART 3--MISCELLANEOUS 12
15. Extension of period for filing charges 12
16. General provisions as to proceedings for offences 12
17. Offences by corporations and partnerships etc. 12
18. Reciprocal arrangements 13
19. Transitional reciprocal arrangements 14
20. Repeal of Construction Industry Long Service Leave Act
1983 15
21. Annual report for 199697 15
22. Transitional provisions (working sub-contractors) 15
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Clause Page
PART 4--PROPERTY TRANSFER AND STAFF
SUPERANNUATION 17
Division 1--Preliminary 17
23. Definitions 17
24. Directions 19
Division 2--Property Transfer by Operation of Act 19
25. Trustee to be successor in law of former Board 19
26. Construction Industry Long Service Leave Fund 20
Division 3--Property Transfer by Allocation before Commencement
Day 20
27. Minister may direct transfer of property 20
28. Property transferred in accordance with direction 21
29. Allocation of property etc. subject to encumbrances 21
Division 4--Staff Superannuation 22
30. Superannuation 22
Division 5--General 23
31. Value to State of former Board property 23
32. Substitution of party to agreement 23
33. Former Board instruments 24
34. Proceedings 24
35. Interests in land 24
36. Amendment of Register 25
37. Taxes 25
38. Evidence 25
39. Re-structuring costs 26
40. Validity of things done under this Part 26
NOTES 28
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PARLIAMENT OF VICTORIA
A BILL
to repeal the Construction Industry Long Service Leave Act 1983
and provide for the scheme established by that Act to be administered
in accordance with a trust deed by a company incorporated under the
Corporations Law and for other purposes.
Construction Industry Long Service
Leave Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to repeal the
Construction Industry Long Service Leave Act
5 1983 and provide for the scheme established by
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that Act to be administered in accordance with a
trust deed by a company incorporated under the
Corporations Law.
2. Commencement
5 (1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
3. Definitions
(1) In this Act--
15 "commencement day" means the day on which
section 20 comes into operation;
"director", in relation to a corporation, has the
same meaning as in section 9 of the
Corporations Law;
20 "existing staff member" means a person who,
immediately before the commencement
day--
(a) was an officer or employee under the
Public Sector Management Act 1992
25 assisting the former Board in the
administration of the former Act; or
(b) was employed by the former Board;
"former Act" means the Construction Industry
Long Service Leave Act 1983 as in force
30 immediately before its repeal;
"former Board" means the Construction Industry
Long Service Leave Board established under
Part II of the former Act;
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"former fund" means the Construction Industry
Long Service Leave Fund established under
section 9 of the former Act;
"fund" means the Construction Industry Long
5 Service Leave Fund established under the
trust deed;
"person" includes an unincorporated body and a
partnership;
"trust deed" means the trust deed executed by
10 CoINVEST Limited A.C.N. 078 004 985 as
trustee on 1 April 1997 as amended and in
force for the time being;
"trustee" means CoINVEST Limited A.C.N.
078 004 985 or any new trustee appointed
15 under, and in accordance with, the trust deed.
(2) Words and expressions used in the rules set out in
Schedule 2 to the trust deed and in this Act have
the same respective meanings in this Act as they
have in those rules as amended and in force for
20 the time being.
(3) Sub-section (2) does not apply to the extent that
the context or subject-matter otherwise indicates
or requires.
_______________
25
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PART 2--CONSTRUCTION INDUSTRY LONG SERVICE
LEAVE FUND
4. Long service leave charges
(1) The trust deed may require--
5 (a) an employer to pay to the trustee a long
service leave charge in respect of every
worker employed by the employer to
perform construction work;
(b) a working sub-contractor (who has made an
10 election referred to in sub-section (4)) to pay
to the trustee a long service leave charge in
respect of construction work performed by
the working sub-contractor.
(2) The date by which a long service leave charge is
15 payable, the period in respect of which it is
payable, the amount of charge payable and the
method by which that amount is to be calculated
are as determined from time to time by the trustee
in accordance with the trust deed.
20 (3) The long service leave charge imposed on an
employer in respect of a worker must not be more
than 3% of the ordinary pay of the worker.
(4) The trust deed must permit a working sub-
contractor to elect to pay a long service leave
25 charge in respect of construction work performed
by the working sub-contractor and to revoke that
election at any time.
(5) The trust deed may provide for long service leave
charges to be payable at different rates in respect
30 of --
(a) workers and working sub-contractors;
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(b) different classes of construction work
performed by workers or working sub-
contractors.
5. Recovery of charges
5 (1) The trustee may recover any amount of long
service leave charge owing to the trustee by an
employer or working sub-contractor, together with
interest in accordance with sub-section (2), as a
debt in any court of competent jurisdiction.
10 (2) Interest at the rate for the time being fixed under
section 2 of the Penalty Interest Rates Act 1983
is payable on any amount owing to the trustee
calculated from the date on which the amount
becomes due until the date on which the amount is
15 paid or otherwise recovered under sub-section (1).
6. Entitlements
(1) Every worker is entitled to long service leave, and
to be paid benefits out of the fund, in respect of
continuous service in the construction industry.
20 (2) Every working sub-contractor who has paid long
service leave charges is entitled to be paid benefits
out of the fund in respect of continuous service in
the construction industry.
(3) The amount of the entitlement and the method by
25 which that amount is to be calculated are as
determined from time to time by the trustee in
accordance with the trust deed.
7. Restriction on powers of trustee
(1) The trustee must not, without the prior approval of
30 the Governor in Council, exercise any power,
authority or discretion given to the trustee by the
trust deed the exercise of which would have the
effect of enlarging the class of persons capable of
being paid benefits out of the fund.
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(2) Without limiting sub-section (1), that sub-
section--
(a) has effect with respect to any addition to, or
any amendment, modification, variation,
5 deletion, revocation, substitution or
replacement of, the whole or any part of the
trust deed by which--
(i) the meaning or scope of the expressions
"construction work" or "construction
10 industry" is enlarged, whether directly
or indirectly; or
(ii) an award is prescribed for the purposes
of the fund;
(b) does not have effect with respect to a
15 decision as to whether or not a particular
person is within a class of persons then
capable of being paid benefits out of the fund
(whether as a result of an amendment of a
prescribed award or otherwise) or as to the
20 amount of any benefit to which such a
person is entitled.
8. Registers
(1) An employer whose name is not included in the
register of employers or the register of working
25 sub-contractors kept by the trustee in accordance
with the trust deed must not for more than 5 days
in any month--
(a) employ workers under a contract of
employment to perform construction work;
30 or
(b) being a principal contractor, engage any
other employer or working sub-contractor by
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contract (not being a contract of
employment) to perform construction work.
Penalty: 20 penalty units.
(2) A working sub-contractor whose name is not
5 included in the register of working sub-contractors
kept by the trustee in accordance with the trust
deed must not, for more than 5 days in any month,
perform construction work as a working sub-
contractor.
10 Penalty: 20 penalty units.
(3) A worker whose name is not included in the
register of workers kept by the trustee in
accordance with the trust deed must not, for more
than 5 days in any month, perform construction
15 work as a worker.
Penalty: 20 penalty units.
9. Requirement to keep records and make returns
(1) An employer must--
(a) in accordance with the trust deed, keep
20 records containing information relating to
workers employed to perform construction
work;
(b) retain any such record for at least 7 years
after the last entry was made in it;
25 (c) in accordance with the trust deed, send to the
trustee from time to time information
relating to workers employed to perform
construction work.
Penalty: 20 penalty units.
30 (2) An employer must not make any false or
misleading statement in, or any material omission
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from, any record that the employer is required by
sub-section (1)(a) to keep.
Penalty: 20 penalty units.
(3) In a proceeding for an offence against sub-section
5 (2) it is a defence to the charge for the accused to
prove that the statement or omission resulted from
an error made in good faith.
10. Trustee may request information
(1) The trustee may, by notice in writing given to an
10 employer or a working sub-contractor or any
person whom the trustee believes to be an
employer or a working sub-contractor, require that
person--
(a) to give any information to the trustee; or
15 (b) to produce to the trustee any document under
that person's control--
that is relevant to the ascertainment by the trustee
of that or any other person's rights or liabilities
under the trust deed.
20 (2) A notice under sub-section (1) must specify--
(a) the time or times, not sooner than 28 days
after the date of the notice, at which; and
(b) the form and manner in which--
the information is to be given or the document
25 produced.
(3) A person to whom a notice is given under sub-
section (1) must not--
(a) refuse or fail to comply with the notice; or
(b) in response to the notice give information
30 that is false or misleading in a material
particular.
Penalty: 20 penalty units.
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(4) A person is not excused from complying with a
notice under sub-section (1) on the ground that
compliance might tend to incriminate the person
but, if the person in writing given to the trustee
5 before complying with the notice, claims that
compliance might tend to incriminate the person,
any information given or document produced by
the person in compliance with the notice is not
admissible in evidence against the person in
10 criminal proceedings, other than proceedings
under this Act or other proceedings in respect of
the falsity of the information or document.
(5) In a proceeding for an offence against sub-section
(3)(b) it is a defence to the charge for the accused
15 to prove that at the time at which the offence is
alleged to have been committed, the accused
believed on reasonable grounds--
(a) in the case of false information--that the
information was true; or
20 (b) in the case of misleading information--that
the information was not misleading.
11. Enforcement of information request
(1) Irrespective of whether a proceeding is
commenced for an offence against section
25 10(3)(a), the trustee may apply to the Magistrates'
Court for an order directing a person to whom a
notice was given under section 10(1) to comply
with the notice within a specified time.
(2) On an application under sub-section (1) the
30 Magistrates' Court must, if it considers that there
are reasonable grounds for believing that the
person has refused or failed to comply with the
notice, grant the application unless it considers
that in the circumstances there are reasonable
35 grounds for not doing so.
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(3) In the application of section 135 of the
Magistrates' Court Act 1989 to an order under
this section--
(a) sub-section (3)(a) of section 135 has effect
5 as if it provided for a fine of not more than
10 penalty units for every day during which
the default continues; and
(b) sub-section (4)(b) of section 135 has effect
as if it provided for maximum aggregate
10 sums of 400 penalty units.
12. Disputes
(1) Any of the following disputes (to the extent to
which it involves issues that are not the subject of
or have not been determined in a proceeding for
15 an offence against this Act) is a dispute for the
purposes of this section--
(a) a dispute about whether a person is an
employer who employs or engages a person
or persons to perform construction work
20 between--
(i) that person and the trustee; or
(ii) that person and a person or persons
employed or engaged by that person; or
(iii) a person or persons employed or
25 engaged by that person and the trustee;
(b) a dispute about whether a person is
employed or engaged to perform
construction work between--
(i) that person and an employer; or
30 (ii) that person and the trustee; or
(iii) an employer and the trustee;
(c) any other dispute concerning the scheme
dealt with by the trust deed between--
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(i) an employer and a person or persons
employed or engaged by the employer;
or
(ii) any person referred to in sub-paragraph
5 (i) and the trustee; or
(iii) a working sub-contractor and the
trustee.
(2) If a dispute is not settled, the parties to the dispute
must be taken to have entered into an agreement
10 in writing to refer the dispute to arbitration in
accordance with the Commercial Arbitration
Act 1984 before a single arbitrator appointed by
the Secretary-General for the time being of the
Australian Centre for International Commercial
15 Arbitration.
(3) Unless the arbitrator otherwise directs, the costs of
the arbitration shall be borne equally by the
parties to the dispute.
13. Contracting out prohibited
20 Except as is otherwise expressly provided by this
Act or the trust deed, any term of an agreement
purporting to exclude, limit or modify the
operation of this Act or the trust deed is void.
14. Rule against perpetuities
25 Without limiting section 17 of the Perpetuities
and Accumulations Act 1968, the rule of law
known as the rule against perpetuities does not
apply to the fund and must be deemed never to
have applied to the former fund.
30 _______________
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Act No.
PART 3--MISCELLANEOUS
15. Extension of period for filing charges
Despite anything to the contrary in any other Act,
a charge for an offence against this Act may be
5 filed at any time within 5 years after the
commission of the alleged offence.
16. General provisions as to proceedings for offences
The following provisions have effect with respect
to proceedings for offences against this Act--
10 (a) the onus of proof that the person named in a
charge as an employee of the defendant was
not employed as alleged in that charge is on
the defendant;
(b) it is not a defence that an employer was not
15 in Victoria at the time the alleged offence
was committed.
17. Offences by corporations and partnerships etc.
(1) If a corporation contravenes a provision of this
Act, each person who is a director of the
20 corporation or who is concerned in the
management of the corporation is to be taken to
have contravened the same provision if the person
knowingly authorised or permitted the
contravention.
25 (2) A person may be proceeded against and convicted
under a provision in accordance with sub-section
(1) whether or not the corporation has been
proceeded against or convicted under that
provision.
30 (3) Nothing in this section affects any liability
imposed on a corporation for an offence
committed by the corporation against this Act.
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(4) If in a proceeding for an offence against this Act it
is necessary to establish the intention of a
corporation, it is sufficient to show that a servant
or agent of the corporation had that intention.
5 (5) If this Act provides that a person is guilty of an
offence, that reference to a person must--
(a) if the person is a partnership, be read as a
reference to each member of the partnership;
and
10 (b) if the person is an unincorporated
association, be read as a reference to each
member of the committee of management of
the association.
18. Reciprocal arrangements
15 (1) The Minister may make a reciprocal arrangement
with a Minister responsible for the administration
of a corresponding law in any other State or
Territory of the Commonwealth.
(2) A reciprocal arrangement may relate to long
20 service leave payments, the exchange of
information about service credits and entitlements
to long service payments between the trustee and
any corresponding body under a corresponding
law and any other matters relating to long service
25 leave payments which the Minister thinks are
necessary or convenient.
(3) If--
(a) a person has been paid a long service leave
payment by a corresponding body under a
30 corresponding law; and
(b) the payment is either wholly or partly in
respect of a period of service in the
construction industry in Victoria; and
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Act No.
(c) the Minister has entered into a reciprocal
arrangement with the Minister responsible
for administering that corresponding law--
the trustee must pay to the corresponding body an
5 amount equal to the amount that bears the same
proportion to the amount paid to the person as the
period of service in the construction industry in
Victoria bears to the total period of service in
respect of which the payment was made.
10 (4) A repayment by the trustee under sub-section (3)
is subject to any terms and conditions that are
specified in the reciprocal arrangement.
(5) If a reciprocal arrangement has been made, this
Act and the trust deed are to be construed as
15 applying with any modifications that are
necessary to give effect to the terms of the
reciprocal arrangement.
(6) In this section "corresponding law", in relation
to a State or Territory of the Commonwealth other
20 than Victoria, means a law of that State or
Territory that--
(a) provides for long service leave payments to
persons employed in the construction
industry that are the same as, or are similar
25 to, the payments provided for by this Act and
the trust deed; and
(b) is specified by the Minister by notice
published in the Government Gazette as a
corresponding law for the purposes of this
30 section.
19. Transitional reciprocal arrangements
(1) A reciprocal arrangement made under section 46A
of the former Act in force immediately before the
commencement day continues in force on and
35 after that day according to its tenor but with the
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modification that, in its application to Victoria,
the trustee is bound by it in place of the former
Board and has all the rights, liabilities, duties and
obligations of the former Board under that
5 arrangement.
(2) The laws listed in Schedule 3 to the Construction
Industry Long Service Leave Regulations 1993 as
in force immediately before the commencement
day are, until a notice is published by the Minister
10 under section 18(6)(b), deemed to be
corresponding laws for the purposes of section 18.
20. Repeal of Construction Industry Long Service Leave
Act 1983
No. 9935.
The Construction Industry Long Service Leave
Reprinted to
15 Act 1983 is repealed. No. 100/1995.
Subsequently
amended by
No. 59/1996.
21. Annual report for 199697
The trustee must prepare and submit the report of
operations and financial statements of the former
Board for its final financial year in accordance
20 with Part 7 of the Financial Management Act
1994.
22. Transitional provisions (working sub-contractors)
(1) A working sub-contractor to whom Parts V and
VI of the former Act applied immediately before
25 the commencement day is deemed to have made
an election referred to in section 4(4) of this Act.
(2) An election deemed to have been made by force
of sub-section (1) may be revoked by the working
sub-contractor in accordance with the trust deed.
30 _______________
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PART 4--PROPERTY TRANSFER AND STAFF
SUPERANNUATION
Division 1--Preliminary
23. Definitions
5 (1) In this Part--
"complying superannuation fund" means a
superannuation entity or a superannuation
fund within the meaning of section 10 of the
Superannuation Industry (Supervision) Act
10 1993 of the Commonwealth which is a
complying superannuation fund or a
complying approved deposit fund within the
meaning of the Income Tax Assessment Act
1936 of the Commonwealth;
15 "former Board instrument" means an
instrument (including a legislative
instrument other than this Act and the former
Act and regulations under that Act) or an
oral agreement subsisting immediately
20 before the appropriate relevant date--
(a) to which the former Board was a party;
or
(b) that was given to or in favour of the
former Board; or
25 (c) that refers to the former Board; or
(d) under which--
(i) money is, or may become,
payable to or by the former
Board; or
30 (ii) other property is to be, or may
become liable to be, transferred to
or by the former Board;
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"former Board property" means property, rights
or liabilities of the former Board that, under
this Part, have vested in, or become
liabilities of, the trustee or the State;
5 "liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
"property" means any legal or equitable estate or
interest (whether present or future and
10 whether vested or contingent) in real or
personal property of any description;
"relevant date"--
(a) in relation to property, rights or
liabilities of the former Board that are
15 transferred to the trustee under
Division 2, means the commencement
day;
(b) in relation to an allocation statement
under Division 3 or property, rights or
20 liabilities allocated under such a
statement, means the date fixed by the
Minister under sub-section (2) for the
purposes of that statement;
"rights" means all rights, powers, privileges and
25 immunities, whether actual, contingent or
prospective;
"transferee", in relation to former Board
property, means the trustee or the State, as
the case requires, to which the property has
30 been transferred under this Part.
(2) The Minister may, by notice published in the
Government Gazette, fix a date before the
commencement day as the relevant date for the
purposes of an allocation statement under
35 Division 3.
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24. Directions
(1) The Minister may give to the former Board any
written direction that he or she thinks fit in
connection with the winding-up of the former
5 Board and the transfer of its property, rights and
liabilities.
(2) The former Board must comply with a direction
given under this section.
Division 2--Property Transfer by Operation of Act
10 25. Trustee to be successor in law of former Board
On the commencement day--
(a) the former Board is abolished and its
members and any deputy members go out of
office;
15 (b) all property and rights that, immediately
before that day, were vested in the former
Board are, by force of this section, vested in
the trustee;
(c) all liabilities of the former Board existing
20 immediately before that day become, by
force of this section, liabilities of the trustee;
(d) subject to section 34, the trustee is, by force
of this section, substituted as a party to any
proceeding pending in any court or tribunal
25 to which the former Board was a party
immediately before that day;
(e) subject to section 32, the trustee is, by force
of this section, substituted as a party to any
arrangement or contract entered into by or on
30 behalf of the former Board as a party and in
force immediately before that day;
(f) any reference to the former Board in any Act
(other than this Act) or in any subordinate
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instrument within the meaning of the
Interpretation of Legislation Act 1984
must, so far as it relates to any period
occurring on or after that day and if not
5 inconsistent with the context or subject-
matter, be construed as a reference to the
trustee.
26. Construction Industry Long Service Leave Fund
On the commencement day the former fund is
10 abolished and all money forming part of it
immediately before that day forms part of the fund
on and from that day and may be dealt with in
accordance with the trust deed.
Division 3--Property Transfer by Allocation before
15 Commencement Day
27. Minister may direct transfer of property
(1) The Minister may give a direction in writing to
the former Board directing it to transfer, in
accordance with the direction, property, rights or
20 liabilities of a specified kind to the State.
(2) Within 21 days after receiving a direction under
sub-section (1), the former Board must give to the
Minister a statement approved by the Minister
relating to the property, rights and liabilities of the
25 former Board to which the direction relates, as at a
date specified by the Minister for the purposes of
this section.
(3) A statement under this section--
(a) must allocate the property, rights and
30 liabilities of the former Board shown in the
statement in accordance with the directions
of the Minister; and
(b) must be signed by the chief executive officer
of the former Board.
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(4) If a statement under this section is approved by
the Minister--
(a) the Minister must sign the statement; and
(b) the statement is an allocation statement for
5 the purposes of this Part.
(5) The Minister may at any time direct the former
Board to amend a statement given to him or her
under this section as specified in the direction.
(6) An allocation statement under this section may be
10 amended by writing signed by the Minister.
(7) In this section, "statement" and "allocation
statement" include a statement or allocation
statement amended in accordance with this
section.
15 28. Property transferred in accordance with direction
On the relevant date--
(a) all property and rights of the former Board,
wherever located, that are allocated under an
allocation statement in accordance with a
20 direction of the Minister under section 27,
vest in the State in accordance with the
statement; and
(b) all liabilities of the former Board, wherever
located, that are allocated under an allocation
25 statement become liabilities of the State in
accordance with the statement.
29. Allocation of property etc. subject to encumbrances
Unless an allocation statement under this Division
otherwise provides, where, under this Division--
30 (a) property and rights vest in; or
(b) liabilities become liabilities of--
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the State in accordance with a direction under
section 27--
(c) the property and rights so vested are subject
to the encumbrances (if any) to which they
5 were subject immediately before so vesting;
and
(d) the rights to which the former Board was
entitled in respect of those liabilities
immediately before they ceased to be
10 liabilities of the former Board vest in the
State.
Division 4--Staff Superannuation
30. Superannuation
(1) An existing staff member who accepts an offer of
15 employment made by the trustee may elect, no
later than 2 months after the commencement day,
to transfer the transfer amount to a complying
superannuation fund.
(2) The transfer amount and the terms and conditions
20 that apply in respect of the transfer are to be
determined by the Minister administering the
State Superannuation Act 1988.
(3) The Victorian Superannuation Board must pay out
of the State Superannuation Fund to the relevant
25 complying superannuation fund the transfer
amount less any tax required to be paid under the
Income Tax Assessment Act 1936 of the
Commonwealth.
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(4) If an existing staff member who accepts an offer
of employment made by the trustee--
(a) elects not to transfer a transfer amount to a
complying superannuation fund under sub-
5 section (1); or
(b) fails to make an election in accordance with
sub-section (1)--
the existing staff member is deemed, for the
purposes of the State Superannuation Act 1988,
10 to have resigned from his or her employment with
an employing authority within the meaning of that
Act on the expiry of the period of 2 months
beginning on the commencement day.
(5) For the purposes of the Superannuation
15 (Portability) Act 1989, an existing staff member
to whom sub-section (4) applies is entitled by
virtue of this section to elect to make an
application in accordance with section 5 of that
Act.
20 Division 5--General
31. Value to State of former Board property
The value to the State as at the relevant date of
property, rights and liabilities of the former Board
that are allocated to it under an allocation
25 statement is the value shown in, or calculated in
accordance with, the relevant allocation statement.
32. Substitution of party to agreement
Where, under an allocation statement, the rights
and liabilities of the former Board under an
30 agreement vest in or are allocated to the State in
accordance with a direction under section 27--
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(a) the State becomes, on the relevant date, a
party to the agreement in place of the former
Board; and
(b) on and after the relevant date, the agreement
5 has effect as if the State had always been a
party to the agreement.
33. Former Board instruments
Each former Board instrument relating to former
Board property continues to have effect according
10 to its tenor on and after the relevant date in
relation to the transfer of that property as if a
reference in the instrument to the former Board
were a reference to the transferee.
34. Proceedings
15 If, immediately before the relevant date,
proceedings relating to former Board property
(including arbitration proceedings) to which the
former Board was a party were pending or
existing in any court or tribunal, then, on and after
20 that date, the transferee is substituted for the
former Board as a party to the proceedings and
has the same rights in the proceedings as the
former Board had.
35. Interests in land
25 Without prejudice to the generality of this Part
and despite anything to the contrary in any other
Act or law if, immediately before the relevant
date, the former Board is, in relation to former
Board property, the registered proprietor of an
30 interest in land under the Transfer of Land Act
1958, then on and after that date--
(a) the transferee is to be taken to be the
registered proprietor of that interest in land;
and
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(b) the transferee has the same rights and
remedies in respect of that interest as the
former Board had.
36. Amendment of Register
5 (1) The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title or other instrument, must make any
amendments in the Register that are necessary
because of the operation of this Part.
10 (2) The Registrar-General must make all entries on
the records of enrolment of any Crown grant and
on any memorial relating to land that are
necessary because of the operation of this Part.
37. Taxes
15 No stamp duty or other tax is chargeable under
any Act in respect of anything effected by or done
under this Part or in respect of any act or
transaction connected with or necessary to be
done by reason of this Part, including a
20 transaction entered into or an instrument made,
executed, lodged or given, for the purpose of, or
connected with the transfer of property, rights or
liabilities of the former Board.
38. Evidence
25 (1) Documentary or other evidence that would have
been admissible for or against the interests of the
former Board in relation to former Board property
if this Part had not been enacted is admissible for
or against the interests of the transferee.
30 (2) Division 3A of Part III of the Evidence Act 1958
continues to apply with respect to the books of
account of the former Board and to entries made
in those books of account before the relevant date,
whether or not they relate to former Board
35 property.
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(3) In sub-section (2), "books of account" has the
same meaning as in Division 3A of Part III of the
Evidence Act 1958.
39. Re-structuring costs
5 (1) The Minister may, by notice in writing served on
the trustee, require it to pay a specified amount to
the State in respect of the costs incurred by the
State in connection with the winding-up of the
former Board and the transfer of its property,
10 rights and liabilities.
(2) The trustee must, within the period specified in
the notice, pay the specified amount out of the
fund to the Minister for payment into the
Consolidated Fund.
15 (3) An amount payable under this section may be
recovered in a court of competent jurisdiction as a
debt due to the State.
40. Validity of things done under this Part
Nothing effected or to be effected by this Part or
20 done or suffered under this Part--
(a) is to be regarded as placing any person in
breach of contract or confidence or as
otherwise making any person guilty of a civil
wrong; or
25 (b) is to be regarded as placing any person in
breach of or as constituting a default under
any Act or other law or obligation or any
provision in any agreement, arrangement or
understanding including, but not limited to,
30 any provision or obligation prohibiting,
restricting or regulating the assignment,
transfer, sale or disposal of any property or
the disclosure of any information; or
(c) is to be regarded as fulfilling any condition
35 which allows a person to exercise a power,
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right or remedy in respect of or to terminate
any agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract, instrument
5 or oral agreement or as causing or permitting
the termination of any contract, instrument
or oral agreement because of a change in the
beneficial or legal ownership of any asset,
right or liability; or
10 (e) is to be regarded as causing any contract,
instrument or oral agreement to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any contract;
or
15 (g) releases any surety or other obligee wholly
or in part from any obligation.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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