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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Howard Florey Institute of Experimental
Physiology and Medicine (Repeal) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purposes 2
2 Commencement 2
3 Definitions 2
4 Repeal of Howard Florey Institute of Experimental
Physiology and Medicine Act 1971 3
5 Abolition of former body 3
6 Accounts 4
7 Transfer of staff 5
8 Future terms and conditions of transferred employees 5
9 Students 6
10 Validity of things done under this Act 6
11 Savings and transitional regulations 7
12 Consequential amendments 7
ENDNOTES 9
561027B.I-14/3/2007 i BILL LA INTRODUCTION 14/3/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Howard Florey Institute of
Experimental Physiology and Medicine
(Repeal) Bill 2007
A Bill for an Act to repeal the Howard Florey Institute of
Experimental Physiology and Medicine Act 1971 and for other
purposes.
Preamble
The Howard Florey Institute of Experimental
Physiology and Medicine Act 1971 was enacted
to establish a body corporate known as the Howard
Florey Institute of Experimental Physiology and
Medicine ("the Institute").
It is proposed to establish a body to be called the
Florey Neuroscience Institutes which will be
involved in the establishment of a research centre
to be called the Australian Centre for Neuroscience
and Mental Health Research. The Institute will be
involved in the Florey Neuroscience Institutes.
To facilitate the involvement of the Institute in the
Florey Neuroscience Institutes it is expedient to
repeal the Howard Florey Institute of
Experimental Physiology and Medicine Act
1971 and to provide for the transfer of all property,
561027B.I-14/3/2007 1 BILL LA INTRODUCTION 14/3/2007
Howard Florey Institute of Experimental Physiology and Medicine (Repeal)
Bill 2007
s. 1
rights and liabilities held, and staff employed, by
the Institute to a company, limited by guarantee,
incorporated under the Corporations Act that is to
be the successor in law of the Institute.
The Parliament of Victoria therefore enacts:
1 Purposes
The main purposes of this Act are--
(a) to repeal the Howard Florey Institute of
Experimental Physiology and Medicine
5 Act 1971; and
(b) to provide for the transfer to another entity of
all property, rights, liabilities and staff of the
Howard Florey Institute of Experimental
Physiology and Medicine.
10 2 Commencement
This Act comes into operation on 1 July 2007.
3 Definitions
In this Act--
Board means the governing body of the former
15 body appointed by or under the Howard
Florey Institute of Experimental
Physiology and Medicine Act 1971;
commencement day means 1 July 2007;
former body means the Howard Florey Institute of
20 Experimental Physiology and Medicine
established under the Howard Florey
Institute of Experimental Physiology and
Medicine Act 1971;
liabilities means all liabilities, duties and
25 obligations, whether actual, contingent or
prospective;
561027B.I-14/3/2007 2 BILL LA INTRODUCTION 14/3/2007
Howard Florey Institute of Experimental Physiology and Medicine (Repeal)
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s. 4
new body means Howard Florey Institute
ACN 124 316 310;
property means any legal or equitable estate or
interest (whether present or future and
5 whether vested or contingent) in real or
personal property of any description;
rights means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
10 transferred employee means an employee
transferred to the new body by force of this
Act.
4 Repeal of Howard Florey Institute of Experimental See:
Act No.
Physiology and Medicine Act 1971 8108.
Reprint No. 1
15 The Howard Florey Institute of Experimental as at 23 July
1998.
Physiology and Medicine Act 1971 is repealed. LawToday:
www.
legislation.
vic.gov.au
5 Abolition of former body
(1) On the commencement day--
(a) the former body is abolished; and
20 (b) a person holding office as a member of the
former body ceases to hold office; and
(c) the Board is abolished; and
(d) a person holding office as a member of the
Board ceases to hold office; and
25 (e) any Committee, including an Executive
Committee, constituted and appointed by the
Board is abolished.
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Bill 2007
s. 6
(2) On the commencement day--
(a) the new body is the successor in law of the
former body; and
(b) all rights, property and assets that
5 immediately before that day were vested in
the former body become, by force of this
section, vested in the new body; and
(c) all debts, liabilities and obligations of the
former body become, by force of this
10 section, debts, liabilities and obligations of
the new body; and
(d) the new body is, by force of this section,
substituted as a party to any proceedings
pending in any court or tribunal to which the
15 former body was a party immediately before
the commencement day; and
(e) the new body is, by force of this section,
substituted as a party to any arrangement or
contract entered into by or on behalf of the
20 former body as a party and in force
immediately before that day; and
(f) any reference to the former body in any Act
or in any proclamation, Order in Council,
rule, regulation, order, agreement,
25 instrument, deed or other document is, so far
as it relates to any period after that day and if
not inconsistent with the context or subject-
matter, construed as a reference to the new
body.
30 6 Accounts
On and from the commencement day the new
body must ensure that the accounts of the former
body for the financial year ending immediately
before the commencement day are audited and
35 dealt with in the same way as if the accounts were
accounts of the new body.
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s. 7
7 Transfer of staff
(1) On and from the commencement day, a person
employed by the former body immediately before
that day, including a person holding office as a
5 result of an appointment made by the Board under
section 16 of the Howard Florey Institute of
Experimental Physiology and Medicine Act
1971, is to be regarded as--
(a) having been employed by the new body; and
10 (b) having been so employed on the same terms
and conditions as those that applied to the
person immediately before the
commencement day as an employee of the
former body; and
15 (c) having accrued an entitlement to benefits, in
connection with that employment with the
new body, that is equivalent to the
entitlement that the person had accrued, as
an employee of the former body,
20 immediately before the commencement day.
(2) The service of a transferred employee as an
employee of the new body is to be regarded for all
purposes as having been continuous with the
service of the transferred employee, immediately
25 before the commencement day, as an employee of
the former body.
8 Future terms and conditions of transferred
employees
Nothing in section 7 prevents--
30 (a) any of the terms and conditions of
employment of a transferred employee from
being altered by or under any law, award or
agreement with effect from any time after the
commencement day; or
561027B.I-14/3/2007 5 BILL LA INTRODUCTION 14/3/2007
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s. 9
(b) a transferred employee from resigning, or the
termination of a transferred employee's
employment, at any time after the
commencement day in accordance with the
5 then existing terms and conditions of his or
her employment by the new body.
9 Students
On and from the commencement day, a person
who, immediately before that day, was
10 undertaking studies at the former body may
continue with those studies at the new body from
that day on the same terms and conditions as those
that applied to the person immediately before that
day.
15 10 Validity of things done under this Act
Nothing effected by this Act or suffered under this
Act--
(a) is to be regarded as placing any person in
breach of contract or confidence or as
20 otherwise making any of them guilty of a
civil offence; or
(b) is subject to compliance with, or is to be
regarded as placing any person in breach of
or as constituting a default under, any Act or
25 other law or any provision in any agreement,
arrangement or understanding including, but
not limited to, any provision prohibiting or
restricting the assignment or transfer of any
property or right or the disclosure of any
30 information; or
(c) is to be regarded as fulfilling any condition
which allows a person to exercise a power,
right or remedy in respect of, or to terminate,
any agreement or obligation; or
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s. 11
(d) is to be regarded as giving rise to any remedy
for a party to a contract or an instrument or
as causing or permitting the termination of
any contract or instrument because of a
5 change in the beneficial or legal ownership
of any property, right or liability; or
(e) is to be regarded as causing any contract or
instrument to be void or otherwise
unenforceable; or
10 (f) is to be regarded as frustrating any contract;
or
(g) releases any surety or other obligor wholly or
in part from any obligation.
11 Savings and transitional regulations
15 (1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A provision mentioned in subsection (1) may be
made retrospective in operation to a day on or
20 after the commencement day.
(3) A provision referred to in subsection (1) has effect
despite anything to the contrary in any Act (other
than this Act) or subordinate instrument.
12 Consequential amendments
25 (1) In section 3(1) of the Cancer Act 1958 insert the See:
Act No.
following definition-- 6213.
Reprint No. 7
"HFI means Howard Florey Institute as at
20 November
ACN 124 316 310 (or any successor in law 2003
of that company);". and
amending
Act Nos
108/2004 and
97/2005.
LawToday:
www.
legislation.
vic.gov.au
561027B.I-14/3/2007 7 BILL LA INTRODUCTION 14/3/2007
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Bill 2007
s. 12
(2) For section 16(2)(ea) of the Cancer Act 1958
substitute--
"(ea) the chief executive officer for the time being
(by whatever name called) of HFI or a
5 nominee of the chief executive officer;".
(3) In the Second Schedule to the Cancer Act 1958
for "Howard Florey Institute of Experimental
Physiology and Medicine" substitute "HFI".
561027B.I-14/3/2007 8 BILL LA INTRODUCTION 14/3/2007
Howard Florey Institute of Experimental Physiology and Medicine (Repeal)
Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561027B.I-14/3/2007 9 BILL LA INTRODUCTION 14/3/2007
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