Victorian Numbered Acts

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PARKS VICTORIA ACT 2018 (NO. 19 OF 2018) - SECT 54

Abolition of old body and provisions relating to transition to new body

    (1)     Except as otherwise provided in this Act, on the commencement day—

        (a)     the old body is abolished; and

        (b)     all rights, property and assets that, immediately before the commencement day, were vested in the old body vest in the new body; and

        (c)     all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the new body; and

        (d)     the new body is substituted as a party to any proceedings pending in any court or tribunal to which the old body was a party immediately before the commencement day; and

        (e)     the new body is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and

        (f)     the new body is substituted for the old body—

              (i)     as a declared waterway manager for any State waters for which the old body was the declared waterway manager under section 6 of the Marine Safety Act 2010 immediately before the commencement day; and

              (ii)     as the port manager of any local port for which the old body was the appointed port manager under section 44A of the Port Management Act 1995 immediately before the commencement day.

    (2)     Except as otherwise provided in this Act, any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period on or after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new body.

    (3)     On the commencement day, each member of the old body—

        (a)     is taken to be a member of the new body, as if the member had been appointed under this Act; and

        (b)     is taken to be appointed—

              (i)     for the period that would have been the remaining period of that member's term of appointment under the old Act; and

              (ii)     on the same terms and conditions that the member had as a member of the old body immediately before the commencement day.

    (4)     On the commencement day, the chief executive officer of the old body—

        (a)     is taken to be the chief executive officer of the new body, as if the chief executive officer had been appointed under this Act; and

        (b)     is taken to be appointed—

              (i)     for the period that would have been the remaining period of the chief executive officer's term of appointment under the old Act; and

              (ii)     on the same terms and conditions that the chief executive officer had as chief executive officer of the old body immediately before the commencement day.



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