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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victorian Institute of Marine Sciences (Repeal) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Principal Act 2
5. Repeal 2
6. Abolition of Institute 2
7. Abolition of committees 2
8. Transfer of staff 3
9. Transfer of assets and liabilities 3
10. Revocation of Statutes 4
11. Validation of agreement 4
12. Validation of actions 4
NOTES 6
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532107B.I1-31/8/98
PARLIAMENT OF VICTORIA
A BILL
to repeal the Victorian Institute of Marine Sciences Act 1974 and
for other purposes.
Victorian Institute of Marine Sciences
(Repeal) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to repeal the Victorian
Institute of Marine Sciences Act 1974.
2. Commencement
5 (1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
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s. 3
Act No.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If the provisions referred to in sub-section (2) do
5 not come into operation before 1 July 1999, they
come into operation on that day.
3. Definitions
In this Act--
"Board" means Board of the Institute;
10 "Institute" means Victorian Institute of Marine
Sciences established under the Victorian
Institute of Marine Sciences Act 1974.
4. Principal Act
No. 8607. In this Act, the Victorian Institute of Marine
Reprint No. 2
15 Sciences Act 1974 is called the Principal Act.
as at
27 November
1997. Further
amended by
No. 46/1998.
5. Repeal
The Principal Act is repealed.
6. Abolition of Institute
(1) The Institute is abolished.
20 (2) A person holding office as a member of the Board
immediately before the commencement of this
section ceases to hold that office.
7. Abolition of committees
(1) Any committee established by the Board is
25 abolished.
(2) A person holding office as a member of a
committee referred to in sub-section (1)
immediately before the commencement of this
section ceases to hold that office.
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8. Transfer of staff
(1) A person who, immediately before the
commencement of this section, was employed
under section 17 of the Principal Act becomes on
5 that commencement, by force of this sub-section,
an employee under Part 3 of the Public Sector
Management and Employment Act 1998.
(2) A person referred to in sub-section (1) becomes an
employee under Part 3 of the Public Sector
10 Management and Employment Act 1998--
(a) on terms and conditions with respect to
ordinary pay no less favourable than those of
his or her former employment; and
(b) with the benefit of all leave entitlements
15 accrued in respect of his or her former
employment.
9. Transfer of assets and liabilities
(1) All assets, property (including intellectual
property) and rights vested in or held by the
20 Institute immediately before the commencement
of this section vest, by force of this sub-section, in
the State.
(2) All liabilities of the Institute existing immediately
before the commencement of this section become,
25 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,
contract, lease or other arrangement (other than
one relating to terms or conditions of employment
30 of persons referred to in section 8(1)), and to any
proceedings pending in any court or tribunal, to
which the Institute or the Board was a party
immediately before the commencement of this
section.
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(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
benefit not existing before the commencement of
5 this section.
10. Revocation of Statutes
All Statutes made by the Board under section 18
of the Principal Act and in force immediately
before the commencement of this section are
10 revoked.
11. Validation of agreement
The agreement entered into or purportedly entered
into by the Secretary within the meaning of the
Principal Act and the Institute on 16 September
15 1996 has, and is deemed always to have had, the
same force and effect as it would have had if--
(a) the entering into of the agreement or
purported agreement had been approved by
the Minister under section 17B of the
20 Principal Act; and
(b) the parties to the agreement or purported
agreement had been empowered to enter into
an agreement in those terms.
12. Validation of actions
25 (1) Anything done or purported to have been done
under the agreement or purported agreement
referred to in section 11 or under any agreement
made or purportedly made in accordance with
clause 4 of that agreement or purported
30 agreement, before the commencement of this
section, by the Institute that would have been
validly done had that section been in operation at
the time at which the thing was done or purported
to have been done has, and is deemed always to
35 have had, the same force and effect as it would
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have had if that section had been in operation at
the time at which the thing was done or purported
to have been done.
(2) Any project carried out, or any arrangement or
5 agreement for carrying out a project entered into
or purportedly entered into, by the Institute or the
Board before the commencement of this section
has, and is deemed always to have had, the same
force and effect as it would have had if the
10 carrying out of the project, or the entering into of
the arrangement or agreement, had been in
furtherance of any of the objects of the Institute.
(3) Sub-section (2) applies with respect to projects in
any branch of learning concerning fresh water
15 sciences including, but not limited to, aquatic
ecology, fisheries biology and assessment,
ecotoxicology and aquatic chemistry.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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