HEALTH SERVICES ACT 1988 - SECT 266 Trusts in respect of transferring agencies

HEALTH SERVICES ACT 1988 - SECT 266

    (1)     The Governor in Council, by Order published in the Government Gazette, on the recommendation of the Minister, may designate an agency as the successor of a designated transferring agency, for the purposes of any trust or class or category of trusts specified in the Order in relation to the transferring agency.

    (2)     The Minister must not recommend the designation of an agency under subsection (1) unless the Minister is satisfied that the agency is the appropriate successor for the transferring agency having regard, where relevant, to the campuses operated or to be operated by the designated agency.

    (3)     On and after the effective date of an Order under this section, an instrument creating a trust specified, or in a class or category specified, in the Order in relation to—

        (a)     a transferring agency designated in the Order; or

        (b)     a former agency of which the transferring agency is the successor agency—

has effect and continues to have effect according to its tenor as if the trust were in relation to the agency designated in the Order as the successor of the transferring agency.

    (4)     On and after the effective date of an Order under this section, an agency designated in the Order must, for the purposes of any trust specified, or in a class or category specified, in the Order in relation to a transferring agency designated in the Order, be taken to be the same body as that transferring agency.

S. 267 inserted by No. 52/2004 s. 51.