Version No. 001 Heatherton Sanatorium Act 1944 Act No. 5045/1944




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Version No. 001

Heatherton Sanatorium Act 1944

Act No. 5045/1944

Version incorporating amendments as at 7 August 2000


table of provisions

Section Page



1. Short title and commencement 1

2. Definitions 1

3. Re-vesting of land 2

4. Transfer of personal property and rights and liabilities to the Crown 3

5. Dissolution of Board 3

6. Transfer of Sanatorium staff to public service 3

7. Transfer of management of Sanatorium to Department of Health 3

8. Continuation of legal proceedings 3

9. Repeal 4

═══════════════ 4



ENDNOTES 5

1.General Information 5

2.Table of Amendments 6

3.Explanatory Details 7


Version No. 001

Heatherton Sanatorium Act 1944

Act No. 5045/1944

Version incorporating amendments as at 7 August 2000


An Act to transfer the Control and Management of the Heatherton Sanatorium to the Department of Health, and for other purposes.


BE IT ENACTED by the King'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

This Act may be cited as the Heatherton Sanatorium Act 1944 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2. Definitions

In this Act unless inconsistent with the context or subject-matter—

"Board" means the Heatherton Sanatorium Board constituted under the Heatherton Sanatorium Act 1916;


S. 2 def. of "Commis-sion" inserted by No. 9023 s. 40(Sch. 1 Pt A item 9(a)), repealed by No. 10262 s. 4.

* * * * *


"Sanatorium" means the Heatherton Sanatorium.

3. Re-vesting of land



s. 3

(1) The land described in the Second Schedule to the Heatherton Sanatorium Act 1916 and vested pursuant to that Act in the Board for the purposes of that Act by Crown grant dated the fourteenth day of August, 1923, and entered in the register book of the Office of Titles, volume 4718, folium 943529, shall be re-vested in the Crown and deemed unalienated land of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate or interest therein, and all rights easements or privileges existing or claimed as regards any part of the said land either in the public or by any person or body of persons whomsoever or whatsoever shall cease and determine.

(2) The Registrar of Titles is hereby authorized and directed to make all such entries upon the said Crown grant and the duplicate thereof and upon any other instrument or document and the duplicate thereof as are necessary or expedient in consequence of this Act, and the holder of such duplicate Crown grant instrument or document shall produce the same to the Registrar of Titles for such purpose.

4. Transfer of personal property and rights and liabilities to the Crown

All personal property held by the Board for the purposes of the Sanatorium and all other rights duties liabilities contracts and engagements with respect to the Sanatorium or the real or personal property held for the purposes of the Sanatorium are hereby transferred to vested in and imposed upon the Crown.


5. Dissolution of Board

s. 5

The Board is hereby dissolved and the members thereof shall go out of office.

6. Transfer of Sanatorium staff to public service

The persons employed in the conduct of the Sanatorium are hereby transferred to be temporary employés of the Department of Health and shall be employed in corresponding positions in the Department of Health with salaries wages and conditions at least equal to those on which they were employed at the date of such transfer.


S. 7
amended by Nos 9023 s. 40(Sch. 1 Pt A item 9(b)), 10262 s. 4.


7. Transfer of management of Sanatorium to Department of Health

The control and management of the Sanatorium is hereby vested in the Department of Health.


8. Continuation of legal proceedings

(1) Where at the commencement of this Act any legal proceeding is pending to which the Board is a party the Minister shall be substituted in such proceeding for the Board and such proceeding shall not abate by reason of the substitution.

(2) No person or body of persons whomsoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration or compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this Act.

9. Repeal

(1) The Heatherton Sanatorium Act 1916 is hereby repealed.


S. 9(2) repealed by No. 6024 s. 2(1)(Sch. 1).

* * * * *


S. 9(3) repealed by No. 5300 s. 2(1)(Sch. 1 Pt B item 9).

* * * * *


s. 9


═══════════════

ENDNOTES



  1. Endnotes
    General Information

The Heatherton Sanatorium Act 1944 was assented to on 11 December 1944 and came into operation on 1 February 1945: Government Gazette 17 January 1945 page 86.

  1. Table of Amendments

This Version incorporates amendments made to the Heatherton Sanatorium Act 1944 by Acts and subordinate instruments.


Endnotes


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Hospitals and Charities Act 1948, No. 5300/1948

Assent Date:

31.8.48

Commencement Date:

15.11.48: Government Gazette 3.11.48 p. 6492

Current State:

All of Act in operation

Health Act 1956, No. 6024/1956

Assent Date:

7.11.56

Commencement Date:

1.3.57: Government Gazette 20.2.57 p. 643

Current State:

All of Act in operation

Health Commission Act 1977, No. 9023/1977

Assent Date:

24.5.77

Commencement Date:

S. 40(Sch. 1 Pt A items 9(a)(b)) on 6.12.78: Government Gazette 6.12.78 p. 3759

Current State:

This information relates only to the provision/s amending the Heatherton Sanatorium Act 1944

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:

10.12.85

Commencement Date:

S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451

Current State:

This information relates only to the provision/s amending the Heatherton Sanatorium Act 1944

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1. Explanatory Details


Endnotes
No entries at date of publication.







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