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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JIM BACON FOUNDATION (WINDING-UP) BILL
2013
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Dissolution of Jim Bacon Foundation
5. Transfer of assets and liabilities
6. Construction of documents
7. Legal proceedings and related matters
8. Administration of Act
9. Legislation repealed
Schedule 1 - Legislation repealed
[Bill 28]-I
2
JIM BACON FOUNDATION (WINDING-UP) BILL
2013
(Brought in by the Premier, the Honourable Larissa Tahireh
Giddings)
A BILL FOR
An Act to provide for the winding-up of the Jim Bacon
Foundation and the distribution of the funds of the
Foundation
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Jim Bacon
Foundation (Winding-up) Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears -
commencement day means the day on which
this Act commences;
[Bill 28] 3
Jim Bacon Foundation (Winding-up) Act 2013
Act No. of
s. 4
Jim Bacon Foundation means the foundation
by that name established under the
repealed Act;
Ponting Foundation means the trust
established by Ricky Thomas Ponting
and Rianna Jennifer Ponting by trust
deed dated 25 March 2008 appointing
Ponting Foundation Limited
(ACN 130 147 689) as trustee;
repealed Act means the Jim Bacon
Foundation Act 2004.
4. Dissolution of Jim Bacon Foundation
On the commencement day, the Jim Bacon
Foundation is dissolved.
5. Transfer of assets and liabilities
(1) On the commencement day -
(a) the assets of the Jim Bacon Foundation
vest in the Ponting Foundation; and
(b) the liabilities of the Jim Bacon
Foundation become the liabilities of the
Crown.
(2) State tax is not payable in respect of any
document prepared, or transfer or transaction
done, to give effect to subsection (1).
(3) In this section -
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Jim Bacon Foundation (Winding-up) Act 2013
Act No. of
s. 6
State tax means any of the following imposed
by an Act or law of this State:
(a) a fee;
(b) a tax or duty;
(c) a charge.
6. Construction of documents
(1) In this section -
document means a document, or part of a
document -
(a) that was in force immediately
before the commencement day;
and
(b) in which there is a reference to
the Jim Bacon Foundation; and
(c) that relates to an asset or liability
of the Jim Bacon Foundation.
(2) Unless the context or subject matter of a
document otherwise requires, on and after the
commencement day a reference in the document
to the Jim Bacon Foundation is taken to be or to
include a reference -
(a) to the Ponting Foundation in relation to
an asset of the Jim Bacon Foundation;
and
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Jim Bacon Foundation (Winding-up) Act 2013
Act No. of
s. 7
(b) to the Crown in relation to a liability of
the Jim Bacon Foundation.
7. Legal proceedings and related matters
On and after the commencement day -
(a) any legal or other proceeding instituted
by or against the Jim Bacon Foundation
before, and pending on, the
commencement day may be continued by
or against the Crown; and
(b) any legal or other proceeding that could
have been instituted by or against the Jim
Bacon Foundation to enforce an
obligation that was required to be
performed, or a right that had accrued,
before the commencement day may be
instituted by or against the Crown; and
(c) any judgment or order of a court obtained
before the commencement day by or
against the Jim Bacon Foundation and
not executed or satisfied before the
commencement day may be enforced by
or against the Crown; and
(d) a document relating to any legal or other
proceeding that has been served on or by
the Jim Bacon Foundation is taken,
where appropriate, to have been served
on or by the Crown.
6
Jim Bacon Foundation (Winding-up) Act 2013
Act No. of
s. 8
8. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Premier; and
(b) the department responsible to the
Premier in relation to the administration
of this Act is the Department of Premier
and Cabinet.
9. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
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Jim Bacon Foundation (Winding-up) Act 2013
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 9
Jim Bacon Foundation Act 2004 (No. 70 of 2004)
8 Government Printer, Tasmania