Northern Territory Consolidated Acts

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MENZIES SCHOOL OF HEALTH RESEARCH ACT 1985 - SECT 43

Transitional matters for Menzies School of Health Research Act 1985

    (1)     In this section:

"Authority" means the University Planning Authority established by the University (Interim Arrangements) Act 1980 .

"existing School" means the Menzies School of Health Research declared under the University (Interim Arrangements) Act 1980 , by instrument dated 17 January 1983 made under that Act by the Authority, to be established.

    (2)     The persons who, immediately before the commencement of this Act, constituted the Board of the existing School shall, on that commencement and until the expiration of 6 months after that commencement, but subject to this Act, constitute the Board of the School and shall be Governors for the purposes of this Act.

    (3)     The persons who, immediately before the commencement of this Act, were the Chairman and Deputy Chairman of the Board of the existing School shall, on and after that commencement until the election of the first Chairman and Deputy Chairman under section 13 of this Act, but subject to this Act, be the Chairman and Deputy Chairman respectively of the Board of the School.

    (4)     The person who was, immediately before the commencement of this Act, the Director of the existing School shall, on and after that commencement, but subject to this Act, be the Director and shall be employed by the School on the same terms and conditions as applied to and in relation to him immediately before that commencement.

    (5)     Subject to subsection (6), all property and rights held on behalf and for the use of the existing School immediately before the commencement of this Act shall, on that commencement, by virtue of this section and without further assurance, be vested in the School.

    (6)     All property and rights held in trust for or for a purpose of the existing School immediately before the commencement of this Act shall, on and after that commencement, by virtue of this section and without further assurance, be vested in and may be used and applied by the School for or for a purpose of the School subject to the same terms and conditions on which it or they were held in trust for the existing School and all documents relating to such property or rights shall be construed, with the necessary changes, as if the School were the existing School and the trust property had vested.

    (7)     All agreements (including contracts of employment) entered into by or on behalf or for the benefit or purposes of the existing School and in force immediately before the commencement of this Act, and whether or not the rights, liabilities and obligations under those agreements could be assigned, shall have effect as if the School were a party to or affected by the agreement instead of the Authority or the existing School and as if, in relation to anything to be done on or after that commencement, for every reference (however worded and whether expressed or implied) in such an agreement to:

        (a)     the Authority or the existing School, there were substituted a reference to the School; and

        (b)     a member or officer or employee of the Authority or the existing School, there were substituted a reference to a corresponding member or officer or employee of the School.

    (8)     No person shall be liable for a duty, fee or other charge in relation to the transfer or vesting of property effected by subsection (5) or (6) or an agreement affected by subsection (7).



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