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Prahran Mechanics' Institute
Amendment Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to clarify the objectives of the Prahran Mechanics'
Institution and Circulating Library incorporated (the Institution) and to
enable the Institution to sell land it owns or that is vested in it and to make
acquisitions of land.
Clause Notes
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed and for any provision other than the provision
relating to the Institution's power to acquire land that is not in
operation before 30 June 2010 to come into operation that day.
The provision relating to the acquisition of land comes into
operation no later than 1 June 2011.
Clause 3 states that in the Bill, the Prahran Mechanics' Institute Act
1899 is referred to as the Principal Act.
Clause 4 inserts a new section 2A after section 2 of the Principal Act.
New section 2A provides the objectives of the Institution.
Clause 5 inserts new section 11A after section 11 of the Principal Act.
New section 11A provides that the Institution may make three
separate acquisitions of land. A single acquisition of land may
include the acquisition of two or more parcels of land where the
parcels of land are adjoining. The Institution is not able to
dispose of the fee simple in that land.
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The Registrar has the discretion to record this restriction on the
Institution's ability to dispose of that land on the relevant folio of
the Register.
This power to acquire land must be exercised in accordance with
the objectives set out in new section 2A, and must be exercised
within five years after new section 11A comes into operation or
the power will automatically expire at that time.
Clause 6 inserts new section 11B into the Principal Act. New section 11B
provides that the Institution may sell or dispose of land currently
vested in it under the Principal Act as well as the land it owns
situated at High Street, Prahran, and must use the money from
any sale or disposal in accordance with its objectives under new
section 2A.
This power to sell or dispose of land must be exercised in
accordance with the objectives set out in new section 2A, and
must be exercised within five years after new section 11B comes
into operation or the power will automatically expire at that time.
Clause 7 inserts new section 18 after section 17 of the Principal Act.
New section 18 provides that the Institution does not represent
the Crown.
Clause 8 provides that the amending Act is repealed on 1 June 2012.
The repeal does not affect the continued operation of the
amendments made by this Bill (see section 15(1) of the
Interpretation of Legislation Act 1984).
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