Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 14A

Incorporation of certain committees of management

14A. Incorporation of certain committees of management



(1) On the recommendation of the Minister the Governor in Council may, if
satisfied that it is in the public interest to do so, by notification
published in the Government Gazette-

   (a)  declare that a committee of management appointed under section 14(2)
        and specified in the notification (being a committee of management
        that consists of three or more persons) shall be a corporation; and

   (b)  assign a corporate name to the corporation.

(2) On the publication in the Government Gazette of a notification under
subsection (1)-

   (a)  the committee of management specified in the notification shall be a
        body corporate by the name assigned to it by the Governor in Council
        with perpetual succession and a common seal and shall by that name be
        capable in law of suing and being sued and, subject to this Act, of
        holding, acquiring and disposing of personal property;

   (b)  the powers, functions, discretions and authorities of that committee
        of management, whether conferred or imposed by this Act or otherwise,
        shall be deemed to be conferred or imposed on the corporation alone;

   (c)  the duties, liabilities, responsibilities and obligations imposed upon
        that committee of management shall be transferred to the corporation
        and thereafter the corporation shall be subject to all such duties
        liabilities responsibilities and obligations; and

   (d)  the corporation shall become and be the successor in law of that
        committee of management.

(3) The common seal of a corporation constituted under this section shall be
kept in such custody as the corporation directs and shall not be used except
as authorized by the corporation.

(4) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of a corporation constituted under this section
affixed to any document and, until the contrary is proved, shall presume that
it was duly affixed.

(5) The Governor in Council may from time to time by notification published in
the Government Gazette assign a new corporate name to a corporation
constituted under this section and, on and from the publication in the
Government Gazette of the notification, the corporate name of the corporation
shall be the name so assigned.





(6) The assignation of a new corporate name to a corporation under subsection
(5) shall not affect any rights or obligations of the corporation or render
defective any legal proceedings instituted or to be instituted by or against
the corporation and any legal proceedings that might have been continued or
commenced by or against the corporation by its former name may be continued or
commenced by or against the corporation by its new name.

(7) The Governor in Council may, by notification published in the Government
Gazette, dissolve a corporation constituted under this section.

(8) On the publication in the Government Gazette of a notification under
subsection (7)-

   (a)  the members who constituted the corporation specified in the
        notification shall constitute the committee of management of the land
        and the provisions of this Act relating to committees of management
        appointed under section 14(2) (not being bodies corporate or
        corporations constituted under this section) shall apply to that
        committee of management;

   (b)  the powers, functions, discretions and authorities of the corporation
        specified in the notification shall be deemed to be conferred or
        imposed on that committee of management;

   (c)  the duties, liabilities, responsibilities and obligations imposed upon
        the corporation specified in the notification shall be transferred to
        that committee of management and thereafter that committee of
        management shall be subject to all such duties, liabilities,
        responsibilities and obligations; and

   (d)  that committee of management shall become and be the successor in law
        of the corporation specified in the notification.