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Medical Research Institutes Repeal Bill
2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill which are--
· to repeal the Baker Medical Research Institute
Act 1980 and to provide for the transfer to Baker
IDI Heart and Diabetes Institute Holdings Limited
ACN 131 762 948 of all property, rights, liabilities and
staff of the Baker Medical Research Institute; and
· to repeal the Prince Henry's Institute of Medical
Research Act 1988 and to provide for the transfer to
Prince Henry's Institute of Medical Research
ACN 132 025 024 of all property, rights, liabilities and
staff of the Prince Henry's Institute of Medical
Research.
Clause 2 states that the Bill will come into operation on 1 January 2009.
PART 2--REPEAL OF BAKER MEDICAL RESEARCH
INSTITUTE ACT 1980
Clause 3 provides the definitions of certain terms used in Part 2 of the Bill,
including commencement day which means 1 January 2009.
Clause 4 states that the Baker Medical Research Institute Act 1980 is
repealed.
561189 1 BILL LA INTRODUCTION 19/8/2008
Clause 5 abolishes the former body (Baker Medical Research Institute),
the Board and any committee and states that any person holding
office as a member of the former body or the Board or a
committee ceases to hold office. This takes effect on the
commencement day.
Subclause (2) provides that on the commencement day, the new
body is the successor in law of the former body and that all
rights, property and assets vest with the new body, and all debts,
liabilities and obligations become debts, liabilities and
obligations of the new body.
Subclause (2) also provides that the new body is substituted as a
trustee of all trusts, funds and foundations of which the former
body was trustee, and is substituted as a party to any proceedings
and arrangements to which the former body was a party.
Furthermore, subclause (2) provides that any references to the
former body in any Act, proclamation, Order in Council, rule,
regulation, order, agreement, instrument, deed, will or other
document will be construed as a reference to the new body on
1 January 2009.
Clause 6 requires the new body to ensure that the accounts of the former
body are kept and examined in accordance with section 15 of the
Baker Medical Research Institute Act 1980, as in force
immediately before its repeal, for the period starting on 1 July
2008 and ending on 31 December 2008. The requirements of the
Corporations Law will apply to the new body from the
commencement day.
Clause 7 provides that any person employed by the former body
immediately before the commencement day, including a person
holding a Board appointment under section 9(5) or 13(1) of the
Baker Medical Research Institute Act 1980, as in force
immediately before its repeal, is to is to be taken, on and from the
commencement day, as having been employed by the new body
under the same terms and conditions and as having accrued an
entitlement to benefits equivalent to the entitlement accrued
whilst an employee of the former body.
Subclause (2) provides that the service of a transferred employee
as an employee of the new body is to be taken for all purposes as
having been continuous with the service of the transferred
employee, immediately before the commencement day, as an
employee of the former body.
2
Clause 8 provides for the future terms and conditions of transferred
employees. In particular it states that nothing under clause 7
prevents--
· any terms and conditions of employment of a
transferred employee from being altered by or under any
law, award or agreement with effect from any time on
or after the commencement day; or
· a transferred employee from resigning, or the
termination of a transferred employee's employment, at
any time on or after the commencement day in
accordance with the then existing terms and conditions
of his or her employment by the new body.
Clause 9 provides that students undertaking studies at the former body
may continue those studies at the new body on and from the
commencement day on the same terms and conditions that
applied to the students before that day.
Clause 10 provides for the validity of things done under Part 2 of the Bill.
For example, nothing effected by, or under, Part 2 is to be taken
as placing any person in breach of contract or confidence, or
placing a person in breach of, or as constituting a default under,
any Act or other law or any provision in any agreement, or is to
be taken as causing any contract or instrument to be void or
otherwise unenforceable, or releasing a surety from any
obligation.
Clause 11 provides that the Governor in Council may make regulations
under Part 2 of the Bill which contain provisions of a savings and
transitional nature, and further provides that these regulations
may be made retrospective in operation to a day on or after the
commencement day. This power of retrospectivity has been
included in this Part to ensure that the savings and transitional
provisions in the regulations will operate effectively.
This provision will expire on 1 January 2010.
PART 3 REPEAL OF PRINCE HENRY'S INSTITUTE OF
MEDICAL RESEARCH ACT 1988
Clause 12 provides the definitions of certain terms used in Part 3 of the Bill,
including commencement day which means 1 January 2009.
Clause 13 states that the Prince Henry's Institute of Medical Research
Act 1988 is repealed.
3
Clause 14 abolishes the former body (Prince Henry's Institute of Medical
Research), the Board and any committee, including
sub-committees and states that any person holding office as a
member of the former body, Board or any committees, ceases to
hold office. This takes effect on the commencement day.
Subclause (2) provides that on the commencement day, the new
body is the successor in law of the former body and that all
rights, property and assets vest with the new body, and all debts,
liabilities and obligations become debts, liabilities and
obligations of the new body.
Subclause (2) also provides that the new body is substituted as a
trustee of all trusts, funds and foundations of which the former
body was trustee, and is substituted as a party to any proceedings
and arrangements to which the former body was a party.
Furthermore, any references to the former body in any Act,
proclamation, Order in Council, rule, regulation, order,
agreement, instrument, deed, will or other document will be
construed as a reference to the new body on 1 January 2009.
Clause 15 requires the new body to ensure that the financial statements of
the former body are prepared in accordance with the Financial
Management Act 1994 for the period starting on 1 July 2008
and ending on 31 December 2008. The requirements of the
Corporations Law will apply to the new body from the
commencement day.
Clause 16 provides that any person employed by the former body
immediately before the commencement day, is to be taken, on
and from the commencement day, as having been employed by
the new body under the same terms and conditions and as having
accrued an entitlement to benefits equivalent to the entitlement
accrued whilst an employee of the former body.
Subclause (2) provides that the service of a transferred employee
as an employee of the new body is to be taken for all purposes as
having been continuous with the service of the transferred
employee, immediately before the commencement day, as an
employee of the former body.
4
Clause 17 provides for the future terms and conditions of transferred
employees. In particular it states that nothing under clause 16
prevents--
· any terms and conditions of employment of a
transferred employee from being altered by or under any
law, award or agreement with effect from any time on
or after the commencement day; or
· a transferred employee from resigning, or the
termination of a transferred employee's employment, at
any time on or after the commencement day in
accordance with the then existing terms and conditions
of his or her employment by the new body.
Clause 18 provides that students undertaking studies at the former body
may continue those studies at the new body on and from the
commencement day on the same terms and conditions that
applied to the students before that day.
Clause 19 provides for the validity of things done under Part 3 of this Bill.
For example, nothing effected by, or under, Part 3 is to be taken
as placing any person in breach of contract or confidence, or
placing a person in breach of, or as constituting a default under,
any Act or other law or any provision in any agreement, or is it to
be taken as causing any contract or instrument to be void or
otherwise unenforceable, or releasing a surety from any
obligation.
Clause 20 provides that the Governor in Council may make regulations
under Part 3 of the Bill which contain provisions of a savings and
transitional nature, and further provides that these regulations
may be made retrospective in operation to a day on or after the
commencement day. This power of retrospectivity has been
included in this Part to ensure that the savings and transitional
provisions in the regulations will operate effectively.
This provision will expire on 1 January 2010.
PART 4--CONSEQUENTIAL AMENDMENTS TO THE
CANCER ACT 1958
Clause 21 inserts into section 3(1) of the Cancer Act 1958 definitions of
Baker IDI Heart and Diabetes Institute and Prince Henry's
Institute of Medical Research.
5
Clause 22 amends section 16(2) of the Cancer Act 1958 to refer to the
Baker IDI Heart and Diabetes Institute.
Clause 23 amends the Second Schedule to the Cancer Act 1958 to refer to
the Baker IDI Heart and Diabetes Institute.
6