Victorian Current Acts Victorian Current Acts(1) On the commencement of this Act—
(a) all the piece of land described in Certificate of Title Volume 9349 Folio 634 shall by the authority of this Act and without need for any instrument of transfer or conveyance be vested in the Hospital for an estate in fee simple subject to the encumbrances (if any) specified on the Certificate of Title for the land or otherwise affecting it;
(b) all other real or personal property of whatsoever nature and wheresoever situate which is vested in the hospital at Erin Street, Richmond known as Epworth Hospital (in this section referred to as the Former Hospital ) or held in trust for the Former Hospital or the Hospital Board thereof by the Property Trust or any other person shall by the authority of this Act and without need for any transfer or conveyance be vested in the Hospital;
(c) all liabilities and obligations of the Former Hospital or the Hospital Board thereof shall become and be liabilities and obligations of the Hospital;
(d) all liabilities and obligations undertaken on behalf of or in relation to the Former Hospital or the Hospital Board thereof by the Property Trust or any other person shall become and be liabilities and obligations of the Hospital;
(e) any guarantee executed by the Treasurer of Victoria under the Epworth Hospital (Guarantee) Act 1977 guaranteeing the repayment by the Property Trust of any loan made to it shall be deemed to guarantee the repayment by the Hospital of that loan and may be enforced as if it had been executed under section 6 and, without restricting the generality of the foregoing or paragraph (c) or (d), the liabilities and obligations of the Property Trust or the Former Hospital or the Hospital Board thereof in relation to any loan guaranteed under that Act shall become and be liabilities and obligations of the Hospital;
S. 20(1)(f) repealed by No. 10087
s. 4(1)(Sch. 2).
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(g) the Hospital Board of the Former Hospital and the Property Trust shall severally be discharged from all liabilities and obligations transferred to the Hospital by this section;
(h) all contracts, agreements, deeds, bonds and other instruments lawfully entered into or made by the Former Hospital or the Hospital Board thereof or by the Property Trust for or in connection with the Former Hospital and subsisting immediately before the commencement of this Act shall be as binding and of as full force and effect in all respects against or in favour of the Hospital, and may be enforced as fully and effectually, as if they had been entered into or made by the Hospital;
(i) any action, arbitration or proceeding and any cause of action which was immediately before the commencement of this Act pending or subsisting by or in favour of or against the Former Hospital or the Hospital Board thereof or the Property Trust in respect of the operation or property of the Former Hospital shall not be abated or discontinued or prejudicially affected by reason of the provisions of this Act but may be prosecuted, continued or enforced by, against or in favour of the Hospital in the same manner in which it might have been prosecuted, continued or enforced by or against or in favour of the Former Hospital or the Hospital Board thereof or the Property Trust if this Act had not been enacted; and
(j) all acts, matters and things of a continuing nature made, done or commenced by or on behalf of the Former Hospital or the Hospital Board thereof or the Property Trust in relation to the Former Hospital or the property vested by this section in the Hospital which have any force or effect or are capable of acquiring any force or effect shall be deemed to have been made, done or commenced by or in relation to or on behalf of the Hospital and shall have or acquire force or effect and may be continued or completed by or in relation to or on behalf of the Hospital accordingly.
(2) A donation, gift, disposition, bequest or trust of property made or declared before or after the commencement of this Act, whether by deed, will or otherwise, to or for the purposes of the Epworth Hospital, shall not fail by reason of any of the provisions of this Act but shall take effect as if—
(a) any reference therein (however expressed) to the Epworth Hospital or to the hospital conducted at Erin Street, Richmond by the Uniting Church or by the Methodist Church or to the hospital conducted by the Hospital Board at Erin Street, Richmond were a reference to the hospital conducted by the Hospital; and
(b) any reference therein (however expressed) to the Hospital Board were a reference to the Board of Management constituted pursuant to section 9.
S. 20(3) inserted by No. 97/1997
s. 13.
(3) In this section, "the Hospital" means the body corporate established under section 3.
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Pt 4 (Heading) inserted by No. 97/1997
s. 14(2).
PART 4—GENERAL