Commonwealth Numbered Acts

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AUSTRALIAN WAR MEMORIAL ACT 1980 No. 104 of 1980 - SECT 45

Rights of Board to vest in Memorial, &c.
45. (1) Subject to this Act, upon the commencing date-

   (a)  any rights, property or assets that, immediately before that date were
        vested in the Board are, by force of this sub-section, vested in the
        Memorial;

   (b)  any historical material that, immediately before that date-

        (i)    was vested in the Commonwealth; and

        (ii)   formed part of the war relics of Australia within the meaning
               of the repealed Act, is, by force of this sub-section, vested
               in the Memorial;

   (c)  the Memorial becomes, by force of this sub-section, entitled to the
        custody of material, being any other historical material or other
        goods or equipment held, immediately before that date, in the custody
        of the Board, upon the terms and conditions upon which that material
        was held by the Board; and

   (d)  the Memorial becomes, by force of this sub-section, liable to pay and
        discharge any debts, liabilities or obligations of the Board that
        existed immediately before that date.

(2) An arrangement or contract entered into by or on behalf of the Board as a
party and in force immediately before the commencing date continues in force
notwithstanding the repeals effected by section 44, but that arrangement or
contract has effect, on and after the commencing date, as if-

   (a)  the Memorial were substituted for the Board as a party to the
        arrangement or contract; and

   (b)  any reference in the arrangement or contract to the Board were (except
        in relation to a matter that occurred before that date) a reference to
        the Memorial.

(3) Where, immediately before the commencing date, proceedings to which the
Board was a party were pending in any court, the Memorial is, by force of this
sub-section, substituted for the Board as a party to the proceedings and has
the same rights in the proceedings as the party for which it is substituted. 


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