PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 246A Abolition of body corporate known as Secretary to the Department of Human Services
PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 246A
Abolition of body corporate known as Secretary to the Department of Human Services(1) On the commencement day—
(a) the Secretary to the Department of Human Services body corporate is dissolved;
(b) the Secretary body corporate becomes the successor in law of the Secretary to the Department of Human Services body corporate.
(2) Subject to subsection (1), on the commencement day—
(a) all property and rights vested immediately before that day in the Secretary to the Department of Human Services body corporate vest in the Secretary body corporate;
(b) all liabilities of the Secretary to the Department of Human Services body corporate existing immediately before that day become liabilities of the Secretary body corporate;
(c) the Secretary body corporate is taken to be the lessee under any lease of which the Secretary to the Department of Human Services body corporate was the lessee immediately before that day;
(d) the Secretary body corporate is taken to be the licensee under any licence of which the Secretary to the Department of Human Services body corporate was the licensee immediately before that day.
(3) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence.
(4) Property vested in the Secretary to the Department of Human Services body corporate vests in the Secretary body corporate under subsection (2) whether the property is registered—
(a) in the name of "Secretary to the Department of Human Services"; or
(b) in the name of "Secretary to the Department of Health and Community Services"; or
(c) in the name of "Department of Human Services"; or
(d) in the name of "Secretary, the Department of Human Services"; or
(e) in the name of "Chief General Manager of the Department of Health"; or
(f) in the name of "Health Commission of Victoria"; or
(g) in a name that is substantially the same as any name referred to in paragraphs (a) to (f).
(5) This section is subject to—
(a) section 225B of the Disability Act 2006 ; and
(b) section 612 of the Children, Youth and Families Act 2005 .
(6) In this section—
"commencement day" means the day on which section 6 of the Health and Human Services Legislation Amendment Act 2010 comes into operation;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"Secretary to the Department of Human Services body corporate" means the body corporate referred to in section 16, as in force before the commencement day.
S. 246B inserted by No. 29/2010 s. 6.