Vesting of management of Crown land in Court Services Victoria
58 Vesting of management of Crown land in Court Services Victoria
The Governor in Council may, on the recommendation of the Attorney-General, by Order published in the Government Gazette—
divest the management of specified Crown land from a person or body; and
vest the management of the land in Court Services Victoria.
The Attorney-General must not make a recommendation under subsection (1) unless the Attorney-General is satisfied that the land is being or is to be used by or for the purposes of a court or VCAT or Court Services Victoria.
An Order under subsection (1) takes effect on the date specified in the Order.
Without limiting subsection (1), if the land specified in an Order is reserved Crown land with a committee of management, then—
on the Order taking effect, the committee of management is abolished; and
on and from the Order taking effect, Court Services Victoria is taken to be the committee of management of the land within the meaning of the Crown Land (Reserves) Act 1978.
Without limiting subsection (1), if the land specified in an Order is reserved Crown land managed by the Secretary under an agreement under section 18B of the Crown Land (Reserves) Act 1978, then—
on the Order taking effect—
the Secretary ceases to be the manager of the land; and
Court Services Victoria becomes a party to the agreement in place of the Secretary; and
on and from the Order taking effect, the agreement has effect as if Court Services Victoria had always been a party to the agreement.
An Order under this section may include provisions of a saving or transitional nature consequent on the making of the Order, including provisions providing for the continuity of any lease, licence or tenancy agreement affecting the land.
Any person or body to whom or which an Order applies must give effect to the Order.
An Order under this section cannot divest the management of land from a lessee, licensee or tenant of the land.
An Order under this section takes effect despite anything to the contrary in any Act or subordinate instrument other than the Charter of Human Rights and Responsibilities Act 2006.
Pt 7 Div. 4 (Heading and s. 58A) inserted by No. 25/2015 s. 5.
Division 4—Other transitional provisions
S. 58A inserted by No. 25/2015 s. 5.
This Act’s bill:Explanatory memorandumSecond reading speech
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