Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005

Act No. 64/2005

table of provisions

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1.Purpose

2.Commencement

3.Definitions

4.Bequests, gifts, dispositions and trusts

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Endnotes

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Victoria

No. 64 of 2005

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Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005[†]

[Assented to 20 September 2005]

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Act No. 64/2005

Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005

Preamble

RBS.RVIB.VAF Limited was incorporated under the Corporations Act on 11 May 2004.

A merger of the Royal Victorian Institute for the Blind Limited, Royal Blind Society of New South Wales and Vision Australia Foundation was carried out through a scheme of arrangement approved by the Federal Court of Australia on 6July 2004 under which, among other things, the property, undertakings and liabilities of each of the merged agencies were vested in RBS.RVIB.VAF Limited.

On 28 July 2005, RBS.RVIB.VAF Limited changed its name to Vision Australia Limited.

It is expedient to provide that certain bequests, gifts, dispositions or trusts made in favour of any of the merged agencies take effect as if made in favour of Vision AustraliaLimited.

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Act No. 64/2005

Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005

The Parliament of Victoriatherefore enacts as follows:

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Act No. 64/2005

Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005

1.Purpose

s. 1

The purpose of this Act is to provide that certain bequests, gifts, dispositions and trusts have effect as if made or declared to or in favour of Vision Australia Limited.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Definitions

In this Act—

"Combined Agency" means Vision Australia Limited ACN 108 391 831;

"merged agencies" means—

(a) Royal Blind Society of New South Wales ACN 107 867 961;

(b)Royal Victorian Institute for the Blind Limited ACN 053 864 841;

(c)Vision Australia Foundation ACN007428 284;

"merger" means the merger of the merged agencies that took place through a scheme of arrangement made under section411 of the Corporations Act and 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;

"will" includes a codicil and any testamentary disposition.

4.Bequests, gifts, dispositions and trusts

s. 4

(1)This section applies if before, on or after the commencement of this Act and whether before, on or after the date of the merger—

(a)a bequest, gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or

(b)a trust fund has been or is created—

(whether by deed, will or otherwise) to, in favour of, for the use of, or for a charitable purpose of, any of the merged agencies.

(2)A bequest, gift, disposition or trust of a kind referred to in sub-section(1) takes effect, or the trust fund may be applied, as if made, declared or created to or 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 bequest, gift, disposition or trust was made or declared or the trust fund was created.

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Act No. 64/2005

Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005

Endnotes

Endnotes

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[†] Minister's second reading speech—

Legislative Assembly: 17 August 2005

Legislative Council: 14 September 2005

The long title for the Bill for this Act was "to provide that certain bequests, gifts, dispositions and trusts have effect as if made or declared to or in favour of Vision Australia Limited and for other purposes."