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CLAUSE NOTES
Kennerley Trust Bill 2015
Clause 1: Short title
Provides that the Act may be cited as the Kennerley Trust Act
2015.
Clause 2: Commencement
The Act commences on the day on which it receives the Royal
Assent.
Clause 3: Interpretation
Provides definitions for certain terms used in the Act
Clause 4: Validation of certain actions
Operates to validate trust functions or powers that were
performed or exercised, or purportedly performed or exercised,
in good faith in accordance with the Trust Deed or Rules of the
Association.
Clause 5: Trust Deed
Ensures that, prior to the commencement of this Act, there has
been no breach of trust by any person that would invalidate the
Trust Deed.
Clause 6: No action lies in respect of failure to act
Prevents legal action being taken against any person who acted
(or purportedly acted) as Trustee or Trust Governor under the
Trust Deed for failing to act as may have been required under
the Trust Deed.
Clause 7: Revocation of Trust Deed
Revokes the Trust Deed on the day on which this Act
commences.
Clause 8: Transfer of assets and liabilities
On the day this Act commences, the Trust property as identified
in the section passes to the Association for the purposes of the
Association. No fee, tax, duty or charge is payable in respect of
any document prepared or transfer or transaction done to give
effect to the property transfer. The liabilities of the Trust
become the liabilities of the Association.
Clause 9: Construction of certain documents
Clarifies that after the commencement of this Act, a reference in
a document to the Trust Deed is taken to be a reference to the
Rules of Association, and a reference in a document to the Trust
is taken to be a reference to the Association. It also provides a
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list of names which the Association has previously been referred
to and provides that they are taken to be a reference to the
Kennerley Children’s Home Inc.
Clause 10: Legal proceedings and related matters
Provides for what happens to legal or other proceedings from
the commencement date.
Clause 11: Administration of Act
Provides that the administration of this Act is assigned to the
Attorney-General and the department responsible in relation to
the administration of this Act is the Department of Justice.
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