Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 22DH

Board is successor in law

22DH. Board is successor in law



(1) On the appointed day-

   (a)  the administration of the administered scheme is transferred to the
        Board;

   (b)  all property, rights and assets of the administered scheme are by
        virtue of this Act held by the Board;

   (c)  all liabilities of the administered scheme are by virtue of this Act
        held by the Board;

   (d)  the Board is the successor in law of the governing body in respect of
        the administered scheme.

(2) Without derogating from subsection (1), the Board shall in respect of the
administered scheme have, exercise and discharge the responsibilities,
liabilities, rights, powers, authorities, duties and functions conferred or
imposed upon the governing body by or under the governing instrument.

(3) If immediately before the appointed day proceedings in respect of the
administered scheme to which the governing body of the administered scheme was
a party were pending or existing in any court or tribunal, then, on and after
the appointed day, the Board is substituted for the governing body as a party
to the proceedings and has the same rights and obligations in the proceedings
as the governing body.

(4) On and after the appointed day, any reference in the governing instrument
or in any Act, regulation, subordinate instrument or other document whatsoever
to the governing body in respect of the administered scheme is to be construed
as a reference to the Board, unless the contrary intention appears.

(5) On the appointed day the governing body of the administered scheme ceases
to exist by virtue of this Act.