2005
2005
2011-07-08
act
government
publicspecial
act.reprint
act-2011-027
allinforce
2005-10-19
2005-10-19
0
act-2005-087
09b66d5b-9891-420f-8353-703ae7ad6b7b
c770f08b-c4c3-4b76-8dd1-7c4deadf0931
2005
none
An Act to ensure that any gift, devise or bequest
of property in favour of the Royal Blind Society of New South Wales or other
related agencies takes effect as if made in favour of the new combined agency,
Vision Australia, and to provide for the repeal of the Royal Blind Society (Corporate Conversion) Act
2003.
1Name of Act
This Act is the Royal Blind
Society (Merger) Act 2005.
2Commencement
This Act commences on a day to be appointed by
proclamation.
3Definitions
(1)
In this Act:
combined agency means
Vision Australia (ACN 108 391 831).
merged agency means the
Royal Blind Society of New South Wales (ACN 107 867 961), the Royal Victorian
Institute for the Blind Limited (ACN 053 864 841) or the Vision Australia
Foundation (ACN 007 428 284).
merger means the merger of the
merged agencies that took place through a scheme of arrangement made under
section 411 of the Corporations Act 2001 of the
Commonwealth and was approved by the Federal Court of Australia on 6 July
2004.
property means any legal or
equitable estate or interest (whether present or future and whether vested or
contingent) in real or personal property of any description (including
money).
(2)
Notes included in this Act do not form part of
this Act.
4Gifts, devises and bequests
(1)
A gift, devise or bequest of property to, in
favour of, or for the use of a merged agency or for a charitable purpose of a
merged agency is taken to be, and takes effect as, a gift, devise or bequest
of property to, in favour of, or for the use of the combined agency, or for a
charitable purpose of the combined agency that corresponds with, or is similar
to, a charitable purpose of the relevant merged agency for which the gift,
devise or bequest was made or declared.
(2)
This section applies in respect of a gift, devise
or bequest of property made or declared before or after the commencement of
this Act and regardless of whether it is or was made or declared before or
after the merger.
(3)
This section extends to a gift, devise or bequest
of property to, in favour of, for the use of or for a charitable purpose of a
predecessor of a merged agency, including the Royal Blind Society of New South
Wales as constituted by the Royal Blind Society of New
South Wales Act 1901 (before its repeal), as if that
predecessor were a merged agency.
Note—
The Royal Blind Society of New South Wales
constituted by the Royal Blind Society of New South Wales
Act 1901 (before its repeal) was the predecessor of the
Royal Blind Society of New South Wales (ACN 107 867
961).
(4)
For the purposes of this section, a gift, devise or bequest of
property includes a declaration of trust in respect of
property.
5
s 5: Am 2009 No 56,
Sch 4.60. Rep 2011 No 27, Sch 4.
Historical notes
Table of amending instruments
Royal Blind Society
(Merger) Act 2005 No 87. Second reading speech made:
Legislative Assembly, 19.10.2005; Legislative Council, 10.11.2005. Assented to
17.11.2005. Date of commencement, 16.12.2005, sec 2 and GG No 157 of
16.12.2005, p 10881. This Act has been amended as follows:
2009
No 56
Statute Law (Miscellaneous
Provisions) Act 2009. Assented to 1.7.2009.
Date of commencement of Sch 4, 17.7.2009, sec 2
(1).
2011
No 27
Statute Law (Miscellaneous
Provisions) Act 2011. Assented to 27.6.2011.
Date of commencement of Sch 4, 8.7.2011, sec 2
(2).
Table of amendments
Sec 5
Am 2009 No 56, Sch 4.60. Rep
2011 No 27, Sch 4.