Association for the Blind (Braille and Talking Book Library) Act 1993 (Vic)

Version No. 003

Association for the Blind (Braille and Talking Book Library) Act 1993

No. 85 of 1993

Version incorporating amendments as at

1 June 2019

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions

4Future gifts and dispositions

5Past gifts and dispositions

6Application of sections 4 and 5

7Act has precedence

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 003

Association for the Blind (Braille and Talking Book Library) Act 1993

No. 85 of 1993

Version incorporating amendments as at

1 June 2019

Preamble

The Association for the Blind Ltd and the Braille and Talking Book Library, having determined that it was in the interests of each of them and of blind and visually impaired people in Victoria, integrated the library services provided by the Braille and Talking Book Library with the general services of the Association for the Blind Ltd.

To that end, the Association for the Blind Ltd and the Braille and Talking Book Library merged and the Association for the Blind Ltd now provides the library services previously provided by the Braille and Talking Book Library.

It is desirable to make provision for gifts or other dispositions which have been made in favour of the Braille and Talking Book Library to be construed in favour of the Association for the Blind Ltd.

The Parliament of Victoria enacts as follows:

1Purpose

The purpose of this Act is to provide that gifts and other dispositions made in favour of the Braille and Talking Book Library are construed as gifts and dispositions to the Association for the Blind Ltd.

2Commencement

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

3Definitions

In this Act—

Association means the Association for the Blind Ltd, being a company limited by guarantee within the meaning of the Corporations Act;

Library means the Braille and Talking Book Library being a company limited by guarantee within the meaning of the Corporations Act;

merger date means 4 October 1990;

property includes—

(a)any interest in real or personal property; and

(b)choses in action;

will includes a codicil or any other testamentary disposition.

4Future gifts and dispositions

If—

(a)before, on or after the commencement of this Act—

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

(ii)a trust fund is created—

(whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of the Library; and

(b)the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after the commencement of this Act—

the gift, disposition, trust or trust fund does not fail only because of the merger of the Library and the Association but—

(c)in the case of a gift, disposition, or trust of property, takes effect as if made or declared to or in favour of the Association for a purpose of the Association which corresponds with or is similar to a purpose of the Library for which it was declared; or

(d)in the case of a trust fund, may be applied as if created in favour of the Association for a purpose of the Association which corresponds with or is similar to a purpose of the Library for which the fund was created.

5Past gifts and dispositions

If, before the commencement of this Act, but on or after the merger date, a gift, disposition, trust of property or trust fund in favour of the Library has been treated as having taken effect, or has been applied in favour of, or for the use of, or for the purposes of the Association, then the gift, disposition, trust of property or trust fund—

(a)does not fail and must be taken never to have failed because of that fact; and

(b)is deemed to be and always to have been as valid and effectual as if, when it was made and since then section 4 were in operation.

6Application of sections 4 and 5

Sections 4 and 5 apply to a gift, disposition, trust or trust fund created by will, deed or any other document, whenever executed.

7Act has precedence

The provisions of this Act have effect despite anything to the contrary in any Act, instrument or rule of law.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Council: 6 October 1993

Legislative Assembly: 21 October 1993

The long title for the Bill for this Act was "A Bill to provide for the construction of gifts and dispositions of property made in favour of the Braille and Talking Book Library and for other purposes.".

The Association for the Blind (Braille and Talking Book Library) Act 1993 was assented to on 3 November 1993 and came into operation on 3 November 1993.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•    Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•    Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•    Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Association for the Blind (Braille and Talking Book Library) Act 1993 by Acts and subordinate instruments.

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Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 6) on 15.7.01: s. 2
Current State:	This information relates only to the provision/s amending the Association for the Blind (Braille and Talking Book Library) Act 1993

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.