After Division 4 of Part 6 of the Principal Act insert —
In this Division—
"accountable officer", in relation to a Board, has the same meaning as in the Financial Management Act 1994 ;
"commencement day" means the day on which Part 2 of the Alpine Resorts Legislation Amendment Act 2016 comes into operation;
"new Board" means the Southern Alpine Resort Management Board, within the meaning of this Act as in force on and from the commencement day;
"old Board" means—
(a) the Lake Mountain Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day; or
(b) the Mount Baw Baw Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day;
"old Boards" means—
(a) the Lake Mountain Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day; and
(b) the Mount Baw Baw Alpine Resort Management Board, within the meaning of this Act as in force immediately before the commencement day.
(1) Except as otherwise provided in this Act, on and from the commencement day—
(a) the old Boards are abolished and the members go out of office; and
(b) all rights, property and assets that, immediately before the commencement day were vested in the old Boards, vest in the new Board; and
(c) all debts, liabilities and obligations of the old Boards existing immediately before the commencement day, become debts, liabilities and obligations of the new Board; and
(d) the new Board is substituted as a party to any proceedings pending in any court or tribunal to which an old Board was a party, immediately before the commencement day; and
(e) the new Board is substituted as a party to any contract or arrangement entered into by or on behalf of an old Board and in force immediately before the commencement day; and
(f) any reference to an old Board 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 Board.
(2) All obligations of the accountable officer of each old Board under the Financial Management Act 1994 existing immediately before the commencement day become the obligations of the accountable officer of the new Board.
(1) A person who was an employee of an old Board immediately before the commencement day is taken to be an employee of the new Board.
(2) A transferred employee is taken to—
(a) be employed in the transferred employee's new position with effect on and from the commencement day; and
(b) have the same terms and conditions as those that applied to the transferred employee in relation to the transferred employee's employment with the old Board immediately before the commencement day; and
(c) have accrued an entitlement to benefits in connection with the employment with the new Board that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day.
(3) The service of a transferred employee with the new Board is taken to be continuous with that service of the transferred employee as an employee of the old Board that ceased immediately before the commencement day.
(4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old Board because of the operation of this Division.
(5) The chief executive officer of the new Board may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the new Board with effect from the commencement day.
(6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is conclusive proof of the matters stated in it.
(7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.
(8) If a transferred employee was, immediately before the appointed day, an officer within the meaning of the State Superannuation Act 1988 , the transferred employee continues to be such an officer.
(9) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time on or after the commencement day; or
(b) a transferred employee from resigning or being dismissed at any time on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the new Board.
(10) In this section, "transferred employee" means an employee of an old Board who is taken to be an employee of the new Board by subsection (1).".
Part 3—Amendment of Alpine Resorts Act 1983