Ambulance Services (Further Amendment) Act 1999

i Ambulance Services (Further Amendment) Act 1999 Act No. 25/1999 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 1 4. Definitions 2 5. New section 3A inserted 3 3A. Interpretation: trust instruments 3 6. New section 23A inserted 3 23A. Trusts in relation to ambulance services 4 7. Amendment of heading to Part 9 5 8. New section 39A inserted 5 39A. Supreme Court—limitation of jurisdiction 5 9. New sections 42A and 42B inserted 5 42A. Transitional provision (1999 amendments) 5 42B. Savings provision: validity of things done by trustees 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 Ambulance Services (Further Amendment) Act 1999 † [Assented to 1 June 1999] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Ambulance Services Act 1986 to provide that certain bequests and trusts are not affected by the abolition of an ambulance service. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. Principal Act Victoria No. 25 of 1999  -- 2 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 2 In this Act, the Ambulance Services Act 1986 is called the Principal Act. 4. Definitions In section 3(1) of the Principal Act, insert the following definitions— ' "abolished ambulance service" means an ambulance service that was at any time— (a) created under section 23; or (b) listed in Schedule 1— but was— (c) abolished by force of an Order under section 23(1)(g); or (d) removed from the list in Schedule 1 by force of an Order under section 23(1)(h); "successor ambulance service", in relation to an abolished ambulance service, means an ambulance service that is by force of section 23A(1) to be taken to be the same body as the abolished ambulance service for the purposes of any trust in relation to the abolished ambulance service, whether as a result of the successor ambulance service— (a) immediately succeeding the abolished ambulance service; or (b) succeeding an ambulance service that had succeeded the abolished ambulance service (immediately or otherwise) and No. 114/1986. Reprint No. 1 as at 19 September 1996. Subsequently amended by Nos 35/1996, 38/1998 and 46/1998. -- 3 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 3 regardless of the ambulance service's position in any such chain of succession; "trust", in relation to an abolished ambulance service, means— (a) a gift, disposition or trust of property made or declared, or deemed to have been made or declared; or (b) a trust fund created— whether by deed, will or otherwise to, or in favour of, for the use of, or for the purposes of, the abolished ambulance service or under its terms capable of being given to, or applied in favour of, for the use of, or for the purposes of, the abolished ambulance service.'. 5. New section 3A inserted After section 3 of the Principal Act insert— "3A. Interpretation: trust instruments If the terms of an instrument creating a trust (as defined in section 3(1)) in relation to an abolished ambulance service, specify particular purposes of the ambulance service for which the trust is created, then any reference to the purposes of the abolished ambulance service is a reference to the purposes (if any) of the successor ambulance service that correspond with, or are similar to, those specified purposes of the abolished ambulance service.". 6. New section 23A inserted s. 5 -- 4 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 4 After section 23 of the Principal Act insert— "23A. Trusts in relation to ambulance services (1) On and from the date on which an Order under section 23 comes into operation, being an Order that abolishes an ambulance service or removes an ambulance service from the list in Schedule 1 and transfers its assets, powers, works, rights, liabilities or obligations to another ambulance service (the new ambulance service)— (a) the abolished ambulance service must be taken, for the purposes of any trust in relation to it, not to have been abolished or removed from the list in Schedule 1; and (b) the new ambulance service must be taken to be the same body as the abolished ambulance service for those purposes; and (c) without limiting the effect of paragraphs (a) and (b), an instrument creating a trust in relation to— (i) the abolished ambulance service; or (ii) another abolished ambulance service of which the abolished ambulance service is the successor ambulance service— continues to have effect according to its tenor as if the trust were in relation to the new ambulance service. (2) Sub-section (1) has effect with respect to— -- 5 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 5 (a) an Order made under section 23 before the commencement of the Ambulance Services (Further Amendment) Act 1999; and (b) an instrument of a kind referred to in sub-section (1)(c)— in the same way as it would if it had been in force at the time when the Order was made and must be taken to have always had that effect on and from that time.". 7. Amendment of heading to Part 9 In the heading to Part 9 of the Principal Act for "REGULATIONS" substitute "MISCELLANEOUS". 8. New section 39A inserted After the heading to Part 9 of the Principal Act insert— "39A. Supreme Court—limitation of jurisdiction It is the intention of section 42B to alter or vary section 85 of the Constitution Act 1975.". 9. New sections 42A and 42B inserted After section 42 of the Principal Act insert— '42A. Transitional provision (1999 amendments) The amendments of this Act made by the Ambulance Services (Further Amendment) Act 1999 apply with respect to a trust (as defined in section 3(1)) in relation to an abolished ambulance service, whether the trust was created before or after the commencement of that Act. 42B. Savings provision: validity of things done by trustees s. 7 -- 6 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 6 (1) Anything done or omitted to be done before the commencement day by a trustee of a trust (as defined in section 3(1)) that would not have constituted a breach of trust had the Ambulance Services (Further Amendment) Act 1999 been enacted at the time at which the thing was done or omitted to be done is not to be regarded as constituting a breach of trust and the trustee is not liable for breach of trust on account of that act or omission. (2) Nothing effected by the Ambulance Services (Further Amendment) Act 1999 is to be regarded as making a trustee of a trust (as defined in section 3(1)) liable for breach of trust on account of anything done or omitted to be done before the commencement day by the trustee that would not have constituted a breach of trust had the Ambulance Services (Further Amendment) Act 1999 never been enacted and on and from that day the trustee is not liable for breach of trust on account of that act or omission. (3) In this section "commencement day" means the day on which the Ambulance Services (Further Amendment) Act 1999 comes into operation.'. ═══════════════ -- 7 of 8 -- Act No. 25/1999 Ambulance Services (Further Amendment) Act 1999 7 NOTES † Minister's second reading speech— Legislative Council: 14 April 1999 Legislative Assembly: 5 May 1999 The long title for the Bill for this Act was "to amend the Ambulance Services Act 1986 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Council: 14 April 1999 Legislative Assembly: 5 May 1999 Absolute majorities: Legislative Council: 4 May 1999 Legislative Assembly: 25 May 1999 Notes -- 8 of 8 --