Victorian Consolidated Legislation

Museums Act 1983 - SECT 35

Transitional provisions

35. Transitional provisions

Upon and from the appointed day-

   (a)  any contract, agreement, deed, bond or other instrument lawfully
        entered into or made by an existing body and subsisting immediately
        before that day shall become and be as binding and of as full force
        and effect in all respects against or in favour of the Council as if
        it had been entered into or made by the Council;

   (b)  any action, arbitration or legal or other proceeding which was
        immediately before that day pending or subsisting by or in favour of
        or against an existing body shall not be abated or discontinued or
        prejudiced by reason of the provisions of this Act, but may be
        prosecuted, continued or enforced by, against or in favour of the
        Council in the same manner as it might have been prosecuted, continued
        or enforced by, against or in favour of an existing body if this Act
        had not been passed;

   (c)  notwithstanding the repeal by this Act of section 27 of the State
        Library National Gallery National Museum and Institute of Applied
        Science Act 1960, section 15 of the Science Museum of Victoria Act
        1970 and section 15 of the National Museum of Victoria Council Act
        1970 those provisions shall continue to apply in respect of acts done
        or taken or omitted to be done or taken before the appointed day as if
        those provisions had not been repealed;

   (d)  any regulations-

   (i)  made under or continued in force by the State Library National Gallery
        National Museum and Institute of Applied Science Act 1960;

   (ii) made under the Science Museum of Victoria Act 1970; or

   (iii) made under the National Museum of Victoria Council Act 1970-

which were in force immediately before the appointed day shall, so far as they
relate to matters for or with respect to which regulations may be made under
this Act, remain subject to this Act in full force and operation, and may be
amended or revoked as if they were made under this Act;

   (e)  any reference to, or any reference which is deemed to be a reference
        to, an existing body in any other Act or in any proclamation, Order in
        Council, regulation, by-law, local law, order, legal or other
        proceeding instrument or document shall be deemed and taken to refer
        to the Council;

   (f)  any money standing to the credit of, or payable to the credit of, an
        account kept by an existing body shall be paid into the bank account
        kept under section 28;

   (g)  all acts, matters and things of a continuing nature made, done or
        commenced by or on behalf of an existing body which have or are
        capable of acquiring any force or effect shall be deemed to have been
        made done or commenced by or in relation to or on behalf of the
        Council and shall have effect and may be continued or completed by or
        in relation to or on behalf of the Council accordingly.