Victorian Current Acts

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LAND (MISCELLANEOUS MATTERS) ACT 2005 - SECT 5

Preservation of lease between Anglicare and Bayside Health

    (1)     Nothing done by this Part affects the status or continuity of the relevant lease.

    (2)     On and from the commencement of this Part the relevant lease has effect—

        (a)     as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and

        (b)     as if the lease referred to the Minister instead of to the lessor (however described).

    (3)     The issue of a Crown grant of any land affected by the relevant lease existing immediately before that issue does not affect the status or continuity of that lease, and the lease has effect on and from that issue—

        (a)     as a lease between the person to whom the Crown grant is made and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and

        (b)     as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described).

    (4)     This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.

    (5)     Nothing effected by this section—

        (a)     is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the relevant lease; or

        (b)     is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

        (c)     releases any surety or other obligor wholly or in part from any obligation.

    (6)     In this section, "relevant lease" means the lease between Anglicare Victoria (ABN 97 397 067 466) and Bayside Health (ABN 27 318 956 319) which commenced on 20 October 2004 relating to part of the land specified in item 1 of Schedule 1.
s. 5

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