Victorian Consolidated Legislation

Melbourne Cricket Club Act 1974 - SECT 4

Vesting in body corporate of real and personal property of or held in trust for association

4. Vesting in body corporate of real and personal property of or held in trust
for association



(1) On the commencement of this Act-

   (a)  the club shall become and be the successor in law of the association;
        and

   (b)  without limiting the generality of paragraph (a) the club shall have
        and may exercise all the rights powers and privileges that immediately
        before the commencement of this Act were held exercisable or enjoyed
        by the association and shall be subject to all the duties liabilities
        responsibilities and obligations that immediately before the
        commencement of this Act the association was subject to.

(2) Upon the commencement of this Act and without any further or other
authority than this Act there shall be vested in the body corporate-

   (a)  all the lands specified in the Schedule for an estate in fee-simple
        subject however to the encumbrances (if any) recorded on the relevant
        folios of the Register;





   (b)  all other real and personal property of whatsoever nature or tenure
        vested or held immediately before the commencement of this Act in or
        by trustees for the use or benefit of the members for the time being
        of the association;





   (c)  all personal property of whatsoever nature or description vested in or
        held by the committee of the association or any other person on behalf
        of or for the use or benefit of the association.

(3) The Registrar of Titles must make any recordings in the Register that are
necessary or expedient because of this Act and the holder of any relevant
certificate of title must deliver it to the Registrar of Titles.



(4) Where any property vested in the body corporate under or by virtue of
paragraph (b) or paragraph (c) of subsection (2) consists of land registered
under the Transfer of Land Act 1958 the Registrar of Titles upon application
made to him in that behalf and upon proof of the facts relating thereto and on
payment of the proper fees shall give effect in the Register to such vesting
by registering the body corporate as the proprietor of such land.

(5) Where the transfer of any property vested in the body corporate in or by
virtue of paragraph (b) or paragraph (c) of subsection (2) is required to be
registered the transfer shall be registered upon application made to the
person authorized to effect the registration of the transfer and upon proof of
the facts relating thereto and production where appropriate of any certificate
of title relating thereto.