Victorian Current Acts Victorian Current ActsS. 6(1) amended by No. 9878 s. 7(1)(a)(b).
(1) Any person—
(a) who at the commencement of this Act holds;
(b) who hereafter acquires; or
(c) to whom is or has been given devised or bequeathed—
any real or personal property in Victoria upon trust for or on behalf of or for the benefit of the British Association or the Australian Association or a branch of the British Association or the Australian Association or any area or county council or district or local association or group or body formed under the Policy Organization and Rules of the British Association or Australian Association or any committee of the British Association or the Australian Association in Victoria shall (if and when required by notice in writing from the corporation so to do) transfer convey and assign unto the corporation at its cost such real or personal property as aforesaid but subject to any conditions or trust upon which the same is held acquired given devised or bequeathed.
S. 6(1A) inserted by No. 9878 s. 7(2).
(1A) Where pursuant to this section or an order made under this section property is transferred, conveyed or assigned to or vested in the Corporation upon trust or subject to the condition that the property be held for or on behalf of or for the benefit of the British Association, the Corporation may notwithstanding that trust or condition apply and use the property for or on behalf of or for the benefit of the Australian Association but otherwise in accordance with the trust or condition as if a reference in the trust or condition to the British Association were a reference to the Australian Association, and the trust or condition shall have effect accordingly, unless an order under this section provides in respect of particular property that this subsection shall not apply.
(2) Any notice requiring the transfer conveyance or assignment of any such real or personal property—
(a) shall be signed by the general secretary or other authorized officer of the corporation; and
(b) shall be deemed to have been properly served upon and received by the person or persons to whom it is addressed at the expiration of three days after it has been forwarded by registered post addressed to such person or in the case of joint holders then to one of such joint holders at his usual or last known place of residence in Victoria:
S. 6(2)
Proviso amended by No. 9878 s. 7(3)(a)(b).
Provided that property vested in held by or on behalf of or which is given devised or bequeathed to any sponsored group may subject to any express trust affecting the same be held in trust for such purposes and be disposed of in such manner as the sponsoring authority of such group from time to time determines; but in the event of any such sponsoring authority dealing with any such real or personal property in a manner contrary to the conditions and trusts upon which the same is held the corporation may by notice in writing given as aforesaid require the organization by which such sponsoring authority was appointed or the sponsoring authority to transfer convey and assign such real or personal property to the corporation.
S. 6(3) amended by No. 9878 s. 7(3)(b).
(3) Upon service of any such notice as aforesaid the real or personal property in respect of which such notice has been given shall immediately vest in the corporation but subject as aforesaid to any conditions and trusts upon which it is held and any person organization or sponsoring authority served with such notice shall be immediately divested of such real and personal property mentioned therein.
S. 6(4) amended by No. 9878 s. 7(3)(b).
(4) Any person organization or sponsoring authority served with any such notice aforesaid may apply by summons to a judge of the Supreme Court for an order that any such transfer conveyance or assignment of any such real or personal property shall be subject to such terms and conditions as the judge may determine are just and equitable having regard to all the circumstances of the case.
S. 6(5) amended by No. 9878 s. 7(4)(a)–(c).
(5) In the event of the person organization or sponsoring authority holding as aforesaid any real or personal property (other than land under the Transfer of Land Acts) the legal interest in which is transferable or assignable by deed or other document in writing after service upon him or it requiring him or it so to do refusing or neglecting to execute a conveyance or an assignment thereof to the corporation or in the event of the whereabouts of any such person being unknown—
S. 6(5)(a) amended by No. 9878 s. 7(4)(b).
(a) the corporation may apply to a judge of the Supreme Court for an order directing the Prothonotary of the Supreme Court to execute for and on behalf of such person organization or authority a conveyance or an assignment of such real or personal property to the corporation; and
S. 6(5)(b) amended by No. 9878 s. 7(4)(b).
(b) upon proof to the satisfaction
of such judge—
S. 6(5)(b)(i) amended by No. 9878 s. 7(4)(a)(c).
(i) that such real or personal property is held by such person organization or sponsoring authority upon trust for or on behalf of or for the benefit of the British Association or the Australian Association or a branch of the British Association or the Australian Association or any area or county council, district or local association or group or body as aforesaid or any committee thereof as aforesaid;
(ii) that notice as aforesaid requiring such person organization or sponsoring authority to convey or assign such real or personal property has been given in manner herein provided; and
S. 6(5)(b)(iii) amended by No. 9878 s. 7(4)(a).
(iii) that such person organization or sponsoring authority refuses or neglects to execute such conveyance or assignment as aforesaid or that the whereabouts of such person is unknown—
the judge may make such order and the said Prothonotary shall thereupon do and perform all such acts and things as may be necessary to convey or assign such real or personal property to the corporation but subject as to any real property to any charge mortgage lease or easement then affecting the same and to the trusts on which it was held by such person organization or sponsoring authority.
S. 6(6) amended by No. 9878 s. 7(5)(a)(b).
(6) Any person in Victoria who has at any time acquired real or personal property by using the name of the British Association or the Australian Association or of any branch of the British Association or the Australian Association or of any area or county council, district or local association or group or body formed as aforesaid and who is in possession of or otherwise holds such real or personal property shall be deemed to be a person holding such real or personal property upon trust for or on behalf of or for the benefit of such British Association or Australian Association or branch of the British Association or the Australian Association or area or county council or district or local association or group or body formed as aforesaid.
(7) Any liabilities in respect of any real or personal property which may hereafter become vested in the corporation by virtue of the provisions of this section may thereupon be enforced against the corporation.
S. 6(8) amended by No. 9878 s. 7(6)(a)(b).
(8) Any rights accrued or accruing or to accrue to any person in Victoria on behalf of the British Association or Australian Association are and shall be hereby vested in and may be enforced by the corporation on behalf of the British Association or the Australian Association (as the case may be).
S. 6(9) inserted by No. 9878 s. 7(6)(b).
(9) For the purposes of this Act—
(a) a group that was a controlled group within the meaning of this Act as in force immediately before the date of commencement of the Scout Association Act 1983 shall on and from that date be deemed to be a sponsored group; and
(b) a person or committee that was a controlling authority within the meaning of this Act as in force immediately before the date of commencement of the Scout Association Act 1983 shall on and from that date be deemed to be a sponsoring authority.
S. 7 substituted by No. 9878 s. 8.