Continued bodies
1.12 Continued bodies
On the commencement of section 6.1.1(a)—
a person or body established by or under an Act repealed by section 6.1.1(a), (e), (h), (i), (j), (k) or (m) (whether incorporated or not) except the Registered Schools Board continues in operation under and subject to this Act and its members remain in office for the period of their appointment to that office; and
any rights, assets, liabilities and obligations of the person or body under a repealed Act, immediately before the commencement of section 6.1.1(a), become rights, assets, liabilities and obligations of the person or body under this Act; and
the person or body continues to be a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the board under the repealed Act referred to in paragraph (a); and
the person or body may continue and complete any other continuing matter or thing commenced by, against or in relation to that person or body under the repealed Act referred to in paragraph (a); and
the funds administered in the name of a person or body under that Act immediately before the commencement of section 6.1.1(a) continue to be funds administered by that person or body; and
any moneys or amounts standing to the credit of any fund or account of the person or body, immediately before the repeal of the Act, continue to form part of the fund or account administered by the person or body under this Act.
An industry training board established or declared by the Governor in Council under the Vocational and Education Training Act 1990 immediately before the commencement of section 6.1.1(m) is deemed to be an industry training board established or declared by the Minister under and subject to this Act.
A training agent approved by the Governor in Council under the Vocational and Education Training Act 1990 immediately before the commencement of section 6.1.1(m) is deemed to be a training agent approved by the Minister under and subject to this Act.
A TAFE college established by the Governor in Council under the Vocational and Education Training Act 1990 immediately before the commencement of section 6.1.1(m) is deemed to be a TAFE institute under and subject to this Act.
The council of a TAFE college established under the Vocational and Education Training Act 1990 immediately before the commencement of section 6.1.1(m) is deemed to be the board of a TAFE institute under and subject to this Act.
The members of the board of a TAFE college appointed under the Vocational and Education Training Act 1990 immediately before the commencement of section 6.1.1(m) are deemed to be the directors of the board of a TAFE institute under and subject to this Act.
A person employed, immediately before the commencement of 6.1.1(e), by a school council continued in operation under subclause (1) continue to be employed under this Act subject to the terms and conditions of that employment
The assets that become assets of the person or body under subclause (1)—
if they are moneys or amounts standing to the credit of any fund or account of the person or body, must be taken to form part of the fund administered by the person or body under this Act; and
if they are assets in which the funds of the person or body have been invested, must be taken to be investments of the fund administered by the person or body under this Act.
A reference in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a person or body established by or under a repealed Act referred to in paragraph (a) must, on and after the commencement of section 6.1.1(a), be construed as a reference to that person or body continued in operation under this Act unless the context otherwise requires.
This Act’s bill:Explanatory memorandumSecond reading speech
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