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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Small Business Victoria (Repeal) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Repeal 2
4. Abolition of Corporation 2
5. Transfer of staff 2
6. Transfer of assets and liabilities 3
7. Annual report 3
8. Consequential amendment 4
NOTES 5
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531095B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
A BILL
to repeal the Small Business Victoria Act 1976 and for other
purposes.
Small Business Victoria (Repeal) Act
1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to repeal the Small
Business Victoria Act 1976.
2. Commencement
(1) Section 1 and this section come into operation on
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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 to be proclaimed.
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(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1997, it
comes into operation on that day.
3. Repeal
No. 8854.
The Small Business Victoria Act 1976 is
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Reprinted to
repealed. No. 31/1994.
4. Abolition of Corporation
(1) Small Business Victoria established by section 3
of the Small Business Victoria Act 1976 is
abolished.
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(2) A person holding office as a member of Small
Business Victoria immediately before the
commencement of this section--
(a) ceases to hold that office; and
(b) is not entitled to any remuneration or
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compensation because of the loss of that
office.
5. Transfer of staff
(1) A person who, immediately before the
commencement of this section, was an officer or
20
employee of Small Business Victoria becomes on
that commencement, by force of this sub-section,
an officer under the Public Sector Management
Act 1992.
(2) A person referred to in sub-section (1) becomes an
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officer under the Public Sector Management Act
1992--
(a) on terms and conditions with respect to
ordinary pay no less favourable than those of
his or her former office or employment; and
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(b) with the benefit of all leave entitlements
accrued in respect of his or her former office
or employment.
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(3) If a person referred to in sub-section (1) was,
immediately before becoming an officer under the
Public Sector Management Act 1992, a member
of a scheme established by or under the State
Superannuation Act 1988 or any corresponding
5
previous enactment, he or she continues, subject
to the State Superannuation Act 1988, to be a
member of that scheme.
6. Transfer of assets and liabilities
(1) All assets, property (including intellectual
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property) and rights vested in or held by Small
Business Victoria immediately before the
commencement of this section vest, by force of
this sub-section, in the State.
(2) All liabilities of Small Business Victoria existing
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immediately before the commencement of this
section become, by force of this sub-section,
liabilities of the State.
(3) The State is, by force of this sub-section,
substituted as a party to any current agreement,
20
contract, lease or other arrangement (other than
one relating to terms or conditions of employment
of persons referred to in section 5(1)), and to any
proceedings pending in any court or tribunal, to
which Small Business Victoria was a party
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immediately before the commencement of this
section.
(4) The operation of sub-section (3) does not confer
on a party (other than the State) to an agreement,
contract, lease or other arrangement any right or
30
benefit not existing before the commencement of
this section.
7. Annual report
(1) Despite any provision to the contrary made by or
under the Financial Management Act 1994,
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there must be prepared, in accordance with Part 7
of that Act--
(a) a report of the operations of Small Business
Victoria during the period beginning on 1
July 1996 and ending on the commencement
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of this section; and
(b) financial statements of Small Business
Victoria for that period.
(2) The report and financial statements prepared
under sub-section (1) must be incorporated in and
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consolidated with those of the Department of State
Development for the financial year that includes
the last day of the period referred to in sub-section
(1).
8. Consequential amendment
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No. 106/1986.
In the Schedule to the Retail Tenancies Act Reprinted to
1986, for "Small Business Victoria" substitute No. 37/1995.
"the Department for which the Minister is
responsible".
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Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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