Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 23

Definitions

23. Definitions



(1) In this Part-

complying superannuation fund means a superannuation entity or a
superannuation fund within the meaning of section 10 of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth which is a
complying superannuation fund or a complying approved deposit fund within the
meaning of the Income Tax Assessment Act 1936 of the Commonwealth;

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 before the appropriate
relevant date-

   (a)  to which the former Board was a party; or

   (b)  that was given to or in favour of the former Board; or

   (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

   (ii) other property is to be, or may become liable to be, transferred to or
        by the former Board;

former Board property means property, rights or liabilities of the former
Board that, under this Part, have vested in, or become liabilities of, the
trustee or the State;

liabilities means all liabilities, duties and obligations, whether actual,
contingent or 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;

relevant date-

   (a)  in relation to property, rights or liabilities of the former Board
        that are transferred to the trustee under Division 2, means the
        commencement day;

   (b)  in relation to an allocation statement under Division 3 or property,
        rights or liabilities allocated under such a statement, means the date
        fixed by the Minister under subsection (2) for the purposes of that
        statement;

rights means all rights, powers, privileges and immunities, whether actual,
contingent or prospective;

transferee, in relation to former Board property, means the trustee or the
State, as the case requires, to which the property has been transferred under
this Part.

(2) The Minister may, by notice published in the Government Gazette, fix a
date before the commencement day as the relevant date for the purposes of an
allocation statement under Division 3.