Victorian Current Acts Victorian Current ActsSchedule 3—Regional Class A cemetery trusts
1 Application of Schedule
This Schedule applies to—
(a) The Ballarat General Cemeteries Trust;
(b) The Bendigo Cemeteries Trust;
(c) The Geelong Cemeteries Trust.
2 Conversion to Class A cemetery trusts
(1) On the commencement of this Schedule, a cemetery trust to which this Schedule applies—
(a) is deemed, on and from that commencement, to be a Class A cemetery trust for the purposes of this Act—
(i) responsible for the management of the same public cemeteries for which the relevant cemetery trust was responsible immediately before that commencement; and
(ii) known by the same name as it was known immediately before that commencement;
(b) continues in existence as if established as a Class A cemetery trust under Part 2;
(c) is the same body after that commencement as it was before the commencement, despite the change of its status to a Class A cemetery trust or any change in membership of the cemetery trust.
(2) Subclause (1) does not affect any decision, matter or thing done or undertaken in accordance with this Act by a cemetery trust to which this Schedule applies immediately before the commencement of this Schedule.
3 Trust members
(1) On the commencement of this Schedule, a member of a cemetery trust to which this Schedule applies in office immediately before that commencement—
(a) is deemed to be a member of the relevant cemetery trust converted by clause 2 for the same cemetery trust of which that person was a member immediately before that commencement as if appointed in accordance with section 6A ; and
Example
A member of the Ballarat General Cemeteries Trust is a member of the Ballarat General Cemeteries Trust which has been converted to a Class A cemetery trust.
A member of the Bendigo Cemeteries Trust is a member of the Bendigo Cemeteries Trust which has been converted to a Class A cemetery trust.
A member of the Geelong Cemeteries Trust is a member of the Geelong Cemeteries Trust which has been converted to a Class A cemetery trust.
(b) continues in office for a period of 3 years from the commencement of this Schedule as if appointed in accordance with section 6A; and
(c) if any member of a cemetery trust to which this Schedule applies was, immediately before that commencement, a life member of a cemetery trust, ceases to be a life member and paragraph (b) applies to that person; and
(d) in the case of a chairperson of a cemetery trust to which this Schedule applies, that person continues as chairperson of the relevant cemetery trust converted by clause 2 as if he or she had been appointed under clause 2 of Schedule 1A for the remainder of the period for which he or she was elected chairperson of the cemetery trust as constituted immediately before the commencement of this Schedule, provided that period does not exceed 3 years from the commencement of this Schedule.
(2) The Minister, by instrument, may fix the remuneration payable to any member of a cemetery trust referred to in subclause (1) for the period of the person's appointment under subclause (1).
(3) In fixing remuneration under subclause (2), the Minister must take into account any Government guidelines for the remuneration of members of public bodies.
(4) Nothing in this clause prevents a person being eligible for reappointment as a member of a Class A cemetery trust or a Class B cemetery trust.
4 Property and staff
(1) For the avoidance of doubt, on and from the commencement of this Schedule—
(a) all property vested in a cemetery trust to which this Schedule applies immediately before that commencement (including all money standing immediately before that commencement to the credit of a fund or account of a cemetery trust to which this Schedule applies and any other money belonging to the cemetery trust as at that commencement) and all rights and liabilities—
(i) continue as the property, rights and liabilities of the relevant Class A cemetery trust converted by this Schedule; and
(ii) may be used or invested by the Class A cemetery trust converted by this Schedule in accordance with this Act; and
(b) a person employed immediately before the commencement of this Schedule by a cemetery trust to which this Schedule applies (including a chief executive officer of a cemetery trust to which this Schedule applies) continues to be employed by the relevant Class A cemetery trust converted by clause 2 subject to the same terms and conditions of employment.
(2) Nothing in subclause (1)(b) prevents—
(a) any of the terms and conditions of employment of a person referred to in subclause (1)(b) from being altered by or under any law, award or agreement with effect from any time after the commencement of this Schedule; or
(b) a person referred to in subclause (1)(b) from resigning or being dismissed at any time after the commencement of this Schedule in accordance with the then existing terms and conditions of his or her employment by the relevant Class A cemetery trust.
5 Amendment of Register
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Schedule.
6 Validity of things done under this Schedule
Nothing effected or to be effected by this Schedule or done or suffered under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other
obligee or obligor wholly or in part from any obligation.
Sch. 4 inserted by No. 61/2009 s. 25.