Version No. 001
Yooralla Society of Victoria Act 1977
Act No. 8980/1977
Version incorporating amendments as at 21 August 2001
table of provisions
Section Page
ii
Section Page
1. Short title and commencement 2
2. Definitions 2
3. Appointed day 3
4. Amalgamation of Yooralla and Victorian Society 3
5. Gifts, trusts, wills etc. 4
6. Yooralla Society not required to lodge returns of directors, etc., under Corporations Act 5
7. Yooralla Society deemed to be registered 5
8. Repealed 5
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ENDNOTES 6
1. General Information 6
2. Table of Amendments 7
3. Explanatory Details 8
ii
Version No. 001
Yooralla Society of Victoria Act 1977
Act No. 8980/1977
Version incorporating amendments as at 21 August 2001
An Act to facilitate and effect the amalgamation of the Yooralla Hospital School for Crippled Children and of the Victorian Society for Crippled Children and Adults, and to establish the Yooralla Society of Victoria, a company limited by guarantee, as their successor in law, to amend the Hospitals and Charities Act 1958 and for other purposes.
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Act No. 8980/1977
Yooralla Society of Victoria Act 1977
Preamble
WHEREAS the Yooralla Hospital School for Crippled Children is an incorporated institution within the meaning of the Hospitals and Charities Act 1958:
AND WHEREAS the Victorian Society for Crippled Children and Adults is a company within the meaning of the Companies Act 1961 limited by guarantee:
AND WHEREAS the Yooralla Hospital School for Crippled Children and the Victorian Society for Crippled Children and Adults have severally and jointly determined that it is in the interest of each of them and of disabled children and adults and of the public generally that the Yooralla Hospital School and the Victorian Society amalgamate their respective activities with a view to ensuring that a complete and integrated service to disabled children and adults is provided in Victoria by a single entity:
AND WHEREAS it is expedient to effect that amalgamation by dissolving the Yooralla Hospital School for Crippled Children and the Victorian Society for Crippled Children and Adults and transferring their activities to the Yooralla Society of Victoria, a company within the meaning of the Companies Act 1961 limited by guarantee:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1. Short title and commencement
s. 1
(1) This Act may be cited as the Yooralla Society of Victoria Act 1977.
(2) This Act shall come into operation on the day on which it receives the Royal Assent.
2. Definitions
In this Act, unless the contrary intention appears—
"appointed day" means the day fixed by proclamation under section 3;
"property" includes real and personal property of any description whether legal or equitable and includes every estate or interest in property;
"Victorian Society" means the Victorian Society for Crippled Children and Adults, a company within the meaning of the Companies Act 1961, limited by guarantee;
"will" includes codicil and any other testamentary disposition;
"Yooralla" means the Yooralla Hospital School for Crippled Children, an incorporated institution within the meaning of the Hospitals and Charities Act 1958;
"Yooralla Society" means the Yooralla Society of Victoria, a company within the meaning of the Companies Act 1961 limited by guarantee.
3. Appointed day[1]
s. 3
The Governor in Council may, by Order published in the Government Gazette, appoint a day for the purposes of this Act.
4. Amalgamation of Yooralla and Victorian Society
(1) On the appointed day—
(a) Yooralla shall be dissolved and the Yooralla Society shall be the successor in law of Yooralla; and
(b) the Victorian Society shall be dissolved and the Yooralla Society shall be the successor in law of the Victorian Society.
(2) Without affecting the generality of sub-section (1), on the appointed day—
(a) the property which, immediately before the appointed day, was vested in Yooralla shall, by reason of this Act, be transferred to and vest in the Yooralla Society;
(b) the property which, immediately before the appointed day, was vested in the Victorian Society shall, by reason of this Act, be transferred to and vest in the Yooralla Society; and
(c) all contracts deeds bonds agreements debts liabilities securities duties and obligations and all powers authorities immunities rights and privileges of Yooralla or of the Victorian Society made by or with or vested in exerciseable by or imposed or binding upon or available in Yooralla or the Victorian Society immediately before the appointed day shall be deemed to be the contracts deeds bonds agreements debts liabilities securities duties obligations powers authorities immunities rights and privileges of the Yooralla Society and shall be enforceable or exerciseable by or against the Yooralla Society as fully and effectually as they would have been by or against Yooralla or the Victorian Society if this Act had not been enacted.
(3) All property which immediately before the appointed day was vested in Yooralla or the Victorian Society shall, on the appointed day, vest in the Yooralla Society without necessity for any conveyance transfer or other assurance of property.
5. Gifts, trusts, wills etc.
s. 5
On and after the appointed day—
(a) a donation, gift, disposition or trust of property made or declared whether by deed or otherwise (other than by a will) before the appointed day; and
(b) a bequest, disposition or trust of property under a will made before the appointed day (whether or not the testator died before that day)—
shall have effect, unless a contrary intention is expressly declared, as if—
(c) a reference in the deed or other instrument or declaration or in the will to Yooralla were a reference to the Yooralla Society; and
(d) a reference in the deed or other instrument or declaration or in the will to the Victorian Society were a reference to the Yooralla Society.
S. 6 substituted by No. 44/2001 s.3(Sch. item130).
6. Yooralla Society not required to lodge returns of directors, etc., under Corporations Act
s. 6
Yooralla Society is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to section 205B of the Corporations Act.
Note: This section ensures that section 205B (Notice of name and address of directors and secretaries to ASIC) of the Corporations Act will not apply in relation to Yooralla Society. Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to specified provisions of the Corporations legislation, then those provisions will not apply in relation to that matter in the State concerned.
7. Yooralla Society deemed to be registered
The Yooralla Society shall be deemed to be an institution within the meaning of the Hospitals and Charities Act 1958 and to have been registered under that Act on the appointed day.
S. 8
repealed by No. 9863 s.2(Sch).
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ENDNOTES
Endnotes
1. General Information
The Yooralla Society of Victoria Act 1977 was assented to on 3May 1977 and came into operation on 3 May 1977: section 1(2).
2. Table of Amendments
Endnotes
This Version incorporates amendments made to the Yooralla Society of Victoria Act 1977 by Acts and subordinate instruments.
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Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date: / 5.1.83Commencement Date: / 5.1.83: s. 1(2)
Current State: / All of Act in operation
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: / 27.6.01Commencement Date: / S. 3(Sch. item 130) on 15.7.01: s. 2
Current State: / This information relates only to the provision/s amending the Yooralla Society of Victoria Act 1977
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3. Explanatory Details
Endnotes
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[1] S. 3: "Appointed day" 1 July 1977: Government Gazette 8June 1977 page1575.