Victorian Consolidated Legislation

Medical Research Institutes Repeal Act 2008 - SECT 5

Abolition of former body

5. Abolition of former body



(1) On the commencement day-

   (a)  the former body is abolished; and

   (b)  a person holding office as a member of the former body ceases to hold
        office; and

   (c)  the Board is abolished; and

   (d)  a person holding office as a member of the Board ceases to hold
        office; and

   (e)  any committee appointed by the Board is abolished; and

   (f)  any person holding office as a member of a committee ceases to hold
        office.

(2) On the commencement day-

   (a)  the new body is the successor in law of the former body; and

   (b)  all rights, property and assets that immediately before that day were
        vested in the former body (whether beneficially or as a trustee of any
        charitable trust or foundation) vest, by force of this section, in the
        new body; and

   (c)  all debts, liabilities and obligations of the former body become, by
        force of this section, debts, liabilities and obligations of the new
        body; and

   (d)  the new body is, by force of this section, substituted as a party to
        any proceedings pending in any court or tribunal to which the former
        body was a party immediately before that day; and

   (e)  the new body is, by force of this section, substituted as a party to
        any arrangement or contract entered into by or on behalf of the former
        body as a party and in force immediately before that day; and

   (f)  the new body is, by force of this section, substituted as the trustee
        of all trusts, funds and foundations of which the former body was
        trustee immediately before that day; and

   (g)  any reference to the former body in any Act or in any proclamation,
        Order in Council, rule, regulation, order, agreement, instrument,
        deed, will or other document is, so far as it relates to any period
        after that day and if not inconsistent with the context or subject
        matter, construed as a reference to the new body.