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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Medical Research Institutes Repeal Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 3
1 Purposes 3
2 Commencement 3
PART 2--REPEAL OF THE BAKER MEDICAL RESEARCH
INSTITUTE ACT 1980 4
3 Definitions 4
4 Repeal of Baker Medical Research Institute Act 1980 4
5 Abolition of former body 5
6 Accounts 6
7 Transfer of staff 6
8 Future terms and conditions of transferred employees 7
9 Students 7
10 Validity of things done under this Part 8
11 Savings and transitional regulations 9
PART 3--REPEAL OF THE PRINCE HENRY'S INSTITUTE
OF MEDICAL RESEARCH ACT 1988 10
12 Definitions 10
13 Repeal of Prince Henry's Institute of Medical Research
Act 1988 11
14 Abolition of former body 11
15 Financial statements 12
16 Transfer of staff 12
17 Future terms and conditions of transferred employees 13
18 Students 14
19 Validity of things done under this Part 14
20 Savings and transitional regulations 15
561189B.I-19/8/2008 i BILL LA INTRODUCTION 19/8/2008
Clause Page
PART 4--CONSEQUENTIAL AMENDMENTS TO THE
CANCER ACT 1958 16
21 Definitions 16
22 Constitution of medical and scientific committee 16
23 Amendment to Second Schedule 16
ENDNOTES 17
561189B.I-19/8/2008 ii BILL LA INTRODUCTION 19/8/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Medical Research Institutes Repeal Bill
2008
A Bill for an Act to repeal the Baker Medical Research Institute Act
1980, the Prince Henry's Institute of Medical Research Act 1988
and for other purposes.
Preamble
A Deed dated 10 May 1926 made between Thomas
Baker, Alice Baker and Eleanor Mary Shaw (the
Settlors), Thomas Baker, John Fullarton
Mackeddie and Henry Michael Collins (the
Trustees) and the Alfred Hospital Melbourne
established an Institute of Medical Research called
"The Thomas Baker, Alice Baker, and Eleanor
Shaw Medical Research Institute". Its objects
were to carry out medical research work and to
instruct medical and post-graduate students.
The Baker Medical Research Institute Act 1980
was enacted to establish a body corporate known
as the Baker Medical Research Institute.
561189B.I-19/8/2008 1 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Preamble Part 1--Preliminary
In 2007, the Baker Medical Research Institute
agreed with the International Diabetes Institute to
merge for the purpose of combining their joint
strengths and forming a national heart and diabetes
institute.
The merged institute is to be known as the Baker
IDI Heart and Diabetes Institute. Consistent with
the objects of the Baker Medical Research
Institute, the objects of the Baker IDI Heart and
Diabetes Institute are to pursue strategies to reduce
death and disability from cardiovascular disease,
diabetes, and other related non-communicable
diseases through research, clinical care, education
and advocacy.
To enable the merged institute to conduct its affairs
as agreed by the parties to the merger, it is
expedient to repeal the Baker Medical Research
Institute Act 1980 and to provide for the transfer
of all property, rights and liabilities held, and staff
employed, by the Baker Medical Research Institute
to a company limited by guarantee and
incorporated under the Corporations Act.
The company is to be the successor in law of the
Institute.
The Prince Henry's Institute of Medical
Research Act 1988 was enacted to establish a
body corporate known as the Prince Henry's
Institute of Medical Research and came into
operation on 1 January 1990.
The predecessor of the Prince Henry's Institute of
Medical Research was the Prince Henry's Medical
Research Centre which was established at Prince
Henry's Hospital in Melbourne in 1960.
The Prince Henry's Institute of Medical
Research Act 1988 provided for the transfer of all
members, property, rights and liabilities held by
the Prince Henry's Medical Research Centre to the
Prince Henry's Institute of Medical Research.
561189B.I-19/8/2008 2 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 1--Preliminary s. 1
That Act is now to be repealed and provision made
for the transfer of all property, rights and liabilities
held, and staff employed, by the Prince Henry's
Institute of Medical Research to a company limited
by guarantee and incorporated under the
Corporations Act. The company is to be the
successor in law of the Prince Henry's Institute of
Medical Research.
The Parliament of Victoria therefore enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to repeal the Baker Medical Research
5 Institute Act 1980; and
(b) to provide for the transfer to Baker IDI Heart
and Diabetes Institute Holdings Limited
ACN 131 762 948 of all property, rights,
liabilities and staff of the Baker Medical
10 Research Institute; and
(c) to repeal the Prince Henry's Institute of
Medical Research Act 1988; and
(d) to provide for the transfer to Prince Henry's
Institute of Medical Research
15 ACN 132 025 024 of all property, rights,
liabilities and staff of the Prince Henry's
Institute of Medical Research.
2 Commencement
This Act comes into operation on 1 January 2009.
__________________
561189B.I-19/8/2008 3 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 3
PART 2--REPEAL OF THE BAKER MEDICAL RESEARCH
INSTITUTE ACT 1980
3 Definitions
In this Part--
5 Board means the Board constituted under the
Baker Medical Research Institute Act
1980;
commencement day means 1 January 2009;
former body means Baker Medical Research
10 Institute established by the Baker Medical
Research Institute Act 1980;
liabilities means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
15 new body means Baker IDI Heart and Diabetes
Institute Holdings Limited
ACN 131 762 948;
property means any legal or equitable estate or
interest (whether present or future and
20 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;
25 transferred employee means an employee
transferred to the new body by force of this
Part.
See: 4 Repeal of Baker Medical Research Institute Act
Act No.
9411 and 1980
amending Act
30 Nos 23/1994 The Baker Medical Research Institute Act 1980
and 74/2000.
LawToday:
is repealed.
www.legislati
on.vic.gov.au
561189B.I-19/8/2008 4 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 5
5 Abolition of former body
(1) On the commencement day--
(a) the former body is abolished; and
(b) a person holding office as a member of the
5 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
(e) any committee appointed by the Board is
10 abolished; and
(f) any person holding office as a member of a
committee ceases to hold office.
(2) On the commencement day--
(a) the new body is the successor in law of the
15 former body; and
(b) all rights, property and assets that
immediately before that day were vested in
the former body (whether beneficially or as a
trustee of any charitable trust or foundation)
20 vest, by force of this section, in the new
body; and
(c) all debts, liabilities and obligations of the
former body become, by force of this
section, debts, liabilities and obligations of
25 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
former body was a party immediately before
30 that 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
561189B.I-19/8/2008 5 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 6
former body as a party and in force
immediately before that day; and
(f) the new body is, by force of this section,
substituted as the trustee of all trusts, funds
5 and foundations of which the former body
was trustee immediately before that day; and
(g) any reference to the former body in any Act
or in any proclamation, Order in Council,
rule, regulation, order, agreement,
10 instrument, deed, will 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.
15 6 Accounts
On and from the commencement day, the new
body must ensure that the accounts of the former
body for the period starting on 1 July 2008 and
ending on 31 December 2008 are kept and
20 examined in accordance with section 15 of the
Baker Medical Research Institute Act 1980 as
in force immediately before its repeal.
7 Transfer of staff
(1) On and from the commencement day, a person
25 employed by the former body immediately before
that day, including a person holding office as a
result of an appointment made by the Board under
section 9(5) or 13(1) of the Baker Medical
Research Institute Act 1980 as in force
30 immediately before its repeal, is to be taken as--
(a) having been employed by the new body; and
(b) having been so employed on the same terms
and conditions as those that applied to the
person immediately before the
35 commencement day as an employee of the
former body; and
561189B.I-19/8/2008 6 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 8
(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
5 an employee of the former body,
immediately before the commencement day.
(2) The service of a transferred employee as an
employee of the new body is to be taken for all
purposes as having been continuous with the
10 service of the transferred employee, immediately
before the commencement day, as an employee of
the former body.
8 Future terms and conditions of transferred
employees
15 Nothing in section 7 prevents--
(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 on or
20 after the commencement day; or
(b) a transferred employee from resigning, or the
termination of a transferred employee's
employment, at any time on or after the
commencement day in accordance with the
25 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
30 undertaking studies at the former body may
continue with those studies at the new body on
and from that day on the same terms and
conditions as those that applied to the person
immediately before that day.
561189B.I-19/8/2008 7 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 10
10 Validity of things done under this Part
(1) Nothing effected by this Part or suffered under
this Part--
(a) is to be taken as placing any person in breach
5 of contract or confidence or as otherwise
exposing the person to civil liability; or
(b) is to be taken as placing any person in breach
of or as constituting a default under, any Act
or other law or any provision in any
10 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 information; or
15 (c) is to be taken 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
(d) is to be taken as giving rise to any remedy
20 for a party to a contract or an instrument or
as causing or permitting the termination of
any contract or instrument because of a
change in the beneficial or legal ownership
of any property, right or liability; or
25 (e) is to be taken as causing any contract or
instrument to be void or otherwise
unenforceable; or
(f) is to be taken as frustrating any contract; or
(g) releases any surety or other obligor wholly or
30 in part from any obligation.
(2) In this section Act does not include the Charter of
Human Rights and Responsibilities Act 2006.
561189B.I-19/8/2008 8 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 2--Repeal of the Baker Medical Research Institute Act 1980
s. 11
11 Savings and transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Part.
5 (2) Regulations made under this section may have a
retrospective effect to a day on or after the
commencement day.
(3) This section expires on 1 January 2010.
__________________
561189B.I-19/8/2008 9 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 12
PART 3--REPEAL OF THE PRINCE HENRY'S INSTITUTE
OF MEDICAL RESEARCH ACT 1988
12 Definitions
In this Part--
5 Board means the governing body of the former
body appointed by or under the Prince
Henry's Institute of Medical Research Act
1988;
commencement day means 1 January 2009;
10 former body means Prince Henry's Institute of
Medical Research established by the Prince
Henry's Institute of Medical Research Act
1988;
liabilities means all liabilities, duties and
15 obligations, whether actual, contingent or
prospective;
new body means Prince Henry's Institute of
Medical Research ACN 132 025 024;
property means any legal or equitable estate or
20 interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
rights means all rights, powers, privileges and
immunities, whether actual, contingent or
25 prospective;
transferred employee means an employee
transferred to the new body by force of this
Part.
561189B.I-19/8/2008 10 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 13
13 Repeal of Prince Henry's Institute of Medical See:
Research Act 1988 Act No.
43/1988.
The Prince Henry's Institute of Medical Reprint No. 1
as at
Research Act 1988 is repealed. 5 September
1997.
LawToday:
www.
legislation.
vic.gov.au
5 14 Abolition of former body
(1) On the commencement day--
(a) the former body is abolished; and
(b) a person holding office as a member of the
former body ceases to hold office; and
10 (c) the Board is abolished; and
(d) a person holding office as a member of the
Board ceases to hold office; and
(e) any sub-committee appointed by the Board is
abolished; and
15 (f) any person holding office as a member of a
sub-committee ceases to hold office.
(2) On the commencement day--
(a) the new body is the successor in law of the
former body; and
20 (b) all rights, property and assets that
immediately before that day were vested in
the former body (whether beneficially or as a
trustee of any charitable trust or foundation)
vest, by force of this section, in the new
25 body; and
(c) all debts, liabilities and obligations of the
former body become, by force of this
section, debts, liabilities and obligations of
the new body; and
561189B.I-19/8/2008 11 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 15
(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
former body was a party immediately before
5 that 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
former body as a party and in force
10 immediately before that day; and
(f) the new body is, by force of this section,
substituted as the trustee of all trusts, funds
and foundations of which the former body
was trustee immediately before that day; and
15 (g) any reference to the former body in any Act
or in any proclamation, Order in Council,
rule, regulation, order, agreement,
instrument, deed, will or other document is,
so far as it relates to any period after that day
20 and if not inconsistent with the context or
subject matter, construed as a reference to
the new body.
15 Financial statements
On and from the commencement day, the new
25 body must ensure that the financial statements of
the former body for the period starting on 1 July
2008 and ending on 31 December 2008 are
prepared in accordance with the Financial
Management Act 1994.
30 16 Transfer of staff
(1) On and from the commencement day, a person
employed by the Board immediately before that
day is to be taken as--
(a) having been employed by the new body; and
561189B.I-19/8/2008 12 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 17
(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
5 former body; and
(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
10 an employee of the former body,
immediately before the commencement day.
(2) The service of a transferred employee as an
employee of the new body is to be taken for all
purposes as having been continuous with the
15 service of the transferred employee, immediately
before the commencement day, as an employee of
the former body.
17 Future terms and conditions of transferred
employees
20 Nothing in section 16 prevents--
(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 on or
25 after the commencement day; or
(b) a transferred employee from resigning, or the
termination of a transferred employee's
employment, at any time on or after the
commencement day in accordance with the
30 then existing terms and conditions of his or
her employment by the new body.
561189B.I-19/8/2008 13 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 18
18 Students
On and from the commencement day, a person
who, immediately before that day, was
undertaking studies at the former body may
5 continue with those studies at the new body on or
from that day on the same terms and conditions as
those that applied to the person immediately
before that day.
19 Validity of things done under this Part
10 (1) Nothing effected by this Part or suffered under
this Part--
(a) is to be taken as placing any person in breach
of contract or confidence or as otherwise
exposing the person to civil liability; or
15 (b) is to be taken as placing any person in breach
of or as constituting a default under, any Act
or other law or any provision in any
agreement, arrangement or understanding
including, but not limited to, any provision
20 prohibiting or restricting the assignment or
transfer of any property or right or the
disclosure of any information; or
(c) is to be taken as fulfilling any condition
which allows a person to exercise a power,
25 right or remedy in respect of, or to terminate,
any agreement or obligation; or
(d) is to be taken as giving rise to any remedy
for a party to a contract or an instrument or
as causing or permitting the termination of
30 any contract or instrument because of a
change in the beneficial or legal ownership
of any property, right or liability; or
(e) is to be taken as causing any contract or
instrument to be void or otherwise
35 unenforceable; or
561189B.I-19/8/2008 14 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 3--Repeal of the Prince Henry's Institute of Medical Research Act 1988
s. 20
(f) is to be taken as frustrating any contract; or
(g) releases any surety or other obligor wholly or
in part from any obligation.
(2) In this section Act does not include the Charter of
5 Human Rights and Responsibilities Act 2006.
20 Savings and transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Part.
10 (2) Regulations made under this section may have a
retrospective effect to a day on or after the
commencement day.
(3) This section expires on 1 January 2010.
__________________
561189B.I-19/8/2008 15 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Part 4--Consequential Amendments to the Cancer Act 1958
s. 21
PART 4--CONSEQUENTIAL AMENDMENTS TO THE
CANCER ACT 1958
21 Definitions
See: In section 3(1) of the Cancer Act 1958 insert the
Act No.
5 6213. following definitions--
Reprint No. 7
as at "Baker IDI Heart and Diabetes Institute means
20 November
2003
Baker IDI Heart and Diabetes Institute
and Holdings Limited ACN 131 762 948 (or any
amending
Act Nos
successor in law of that company);
108/2004,
10 97/2005 and Prince Henry's Institute of Medical Research
19/2007 and means Prince Henry's Institute of Medical
G.G. 26.8.04
p. 2363. Research ACN 132 025 024 (or any
LawToday: successor in law of that company);".
www.
legislation.
vic.gov.au
22 Constitution of medical and scientific committee
15 For section 16(2)(d) of the Cancer Act 1958
substitute--
"(d) the institute director for the time being (by
whatever name called) of Baker IDI Heart
and Diabetes Institute or a nominee of the
20 institute director;".
23 Amendment to Second Schedule
In the Second Schedule to the Cancer Act 1958,
for "Baker Medical Research Institute" substitute
"Baker IDI Heart and Diabetes Institute".
561189B.I-19/8/2008 16 BILL LA INTRODUCTION 19/8/2008
Medical Research Institutes Repeal Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561189B.I-19/8/2008 17 BILL LA INTRODUCTION 19/8/2008
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