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PARLIAMENT OF VICTORIA
Dried Fruits (Repeal) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Trustee to be successor in law of former Board 3
5. Former Fund 4
6. Former Board instruments 4
7. Interests in land 4
8. Amendment of Register 5
9. Taxes 5
10. Annual report 5
11. Repeal of Dried Fruits Act 1958 6
NOTES 7
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PARLIAMENT OF VICTORIA
A BILL
to repeal the Dried Fruits Act 1958, to transfer the property, assets,
rights and liabilities of the Victorian Dried Fruits Board to a trust
established for the purpose of promoting the development of the dried
fruits industry and for other purposes.
Dried Fruits (Repeal) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to repeal the Dried Fruits Act 1958; and
(b) to provide for the transfer of the property,
5 assets, rights and liabilities of the Victorian
Dried Fruits Board to a trust established for
the purpose of promoting the development of
the dried fruits industry.
1
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Dried Fruits (Repeal) Act 1998
s. 2
Act No.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) The remaining provisions of this Act come into
operation on 1 July 1998.
3. Definitions
In this Act--
"commencement day" means 1 July 1998;
10 "former Act" means the Dried Fruits Act 1958
as in force immediately before its repeal;
"former Board" means the Victorian Dried
Fruits Board established under Part II of the
former Act;
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 commencement day--
(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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Dried Fruits (Repeal) Act 1998
s. 4
Act No.
"former Board property" means property, rights
or liabilities of the former Board that, under
this Act, have vested in, or become liabilities
of, the trustee;
5 "former fund" means the Dried Fruits Fund
established under section 16 of the former
Act;
"liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
10 prospective;
"property" 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;
15 "rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
"trust deed" means the trust deed executed by
Dried Fruits Trust Inc. as trustee on 7 April
20 1998 as amended and in force for the time
being;
"trustee" means Dried Fruits Trust Inc.
4. Trustee to be successor in law of former Board
On the commencement day--
25 (a) the former Board is abolished and its
members go out of office;
(b) all property and rights that, immediately
before that day, were vested in the former
Board are, by force of this section, vested in
30 the trustee;
(c) all liabilities of the former Board existing
immediately before that day become, by
force of this section, liabilities of the trustee;
3
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Dried Fruits (Repeal) Act 1998
s. 5
Act No.
(d) the trustee is, by force of this section,
substituted as a party to any proceeding
pending in any court or tribunal to which the
former Board was a party immediately
5 before that day;
(e) the trustee is, by force of this section,
substituted as a party to any arrangement or
contract entered into by or on behalf of the
former Board as a party and in force
10 immediately before that day;
(f) any reference to the former Board in any Act
(other than this Act) or in any subordinate
instrument within the meaning of the
Interpretation of Legislation Act 1984
15 must, so far as it relates to any period
occurring on or after that day and if not
inconsistent with the context or subject-
matter, be construed as a reference to the
trustee.
20 5. Former Fund
On the commencement day, all money standing to
the credit of the former fund immediately before
that day, vests in the trustee and may be dealt with
in accordance with the trust deed.
25 6. Former Board instruments
Each former Board instrument relating to former
Board property continues to have effect according
to its tenor on and after the commencement day as
if a reference in the instrument to the former
30 Board were a reference to the trustee.
7. Interests in land
Without prejudice to the generality of this Act and
despite anything to the contrary in any other Act
or law if, immediately before the commencement
35 day, the former Board is, in relation to former
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Dried Fruits (Repeal) Act 1998
s. 8
Act No.
Board property, the registered proprietor of an
interest in land under the Transfer of Land Act
1958, then on and after that day--
(a) the trustee is to be taken to be the registered
5 proprietor of that interest in land; and
(b) the trustee has the same rights and remedies
in respect of that interest as the former Board
had.
8. Amendment of Register
10 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 Act.
15 9. Taxes
No stamp duty or other tax is chargeable under
any Act in respect of anything effected by or done
under this Act or in respect of any act or
transaction connected with or necessary to be
20 done by reason of this Act, including a 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.
25 10. Annual report
The trustee must prepare and submit the report of
operations and financial statements of the former
Board for its final financial year in accordance
with Part 7 of the Financial Management Act
30 1994.
5
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Dried Fruits (Repeal) Act 1998
s. 11
Act No.
11. Repeal of Dried Fruits Act 1958
No. 6239. The Dried Fruits Act 1958 is repealed.
Reprint No. 2
as at
6 November
1991. Further
amended by
Nos 31/1994,
65/1994,
43/1995 and
45/1997.
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Dried Fruits (Repeal) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Dried Fruits (Repeal) Act 1998
Act No.
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532067B.I1-8/4/98
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