Cabrini Private Hospital (Guarantees) Act 1970 (Vic)

Version No. 002

Cabrini Private Hospital (Guarantees) Act 1970

No. 7939 of 1970

Version as at

1 June 2019

TABLE OF PROVISIONS

Section  Page

1Short title

2Power to Treasurer to execute guarantees

3Total principal sums guaranteed not to exceed $750 000

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Cabrini Private Hospital (Guarantees) Act 1970

No. 7939 of 1970

Version as at

1 June 2019

An Act to authorize the Treasurer of Victoria to guarantee the Re-payment of certain Moneys proposed to be borrowed by The Cabrini Property Association and for other purposes.

Preamble

WHEREAS the Missionary Sisters of the Sacred Heart (commonly known and hereinafter referred to as the Cabrini Sisters) conduct the hospital known as the St. Francis Xavier Cabrini Hospital at 5 Coonil-crescent, Malvern:

AND WHEREAS The Cabrini Property Association of 5 Coonil-crescent Malvern a company limited by guarantee incorporated under the Companies Act 1961 is registered as the proprietor of an estate in fee simple in the land on which the said hospital is conducted and holds the said land on behalf of the Cabrini Sisters:

AND WHEREAS the Cabrini Sisters have undertaken the building and equipment of an extension to the said hospital on the said land which is now in course of erection:

AND WHEREAS the Government of Victoria is desirous of helping the Cabrini Sisters in carrying out their undertaking:

AND WHEREAS to meet the estimated cost of the said extension it will be necessary for The Cabrini Property Association to borrow certain moneys and it will be able to borrow the moneys required if repayment thereof is guaranteed by the Government of Victoria:

BE IT THEREFORE ENACTED by the Queen'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):

1Short title

This Act may be cited as the Cabrini Private Hospital (Guarantees) Act 1970.

2Power to Treasurer to execute guarantees

(1)The Treasurer of Victoria may execute in favour of any person a guarantee guaranteeing the repayment of any loan to be made by that person to the hereinbefore recited company The Cabrini Property Association.

(2)A guarantee by the Treasurer pursuant to subsection (1)—

(a)shall be in such form and subject to such terms and conditions as he thinks fit; and

(b)may extend to any interest charges and expenses chargeable by the person making the loan and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and such interest charges and expenses.

3Total principal sums guaranteed not to exceed $750 000

(1)The Treasurer shall not execute any guarantee under this Act where such guarantee would involve him in a liability in respect of the principal sum of any loan which when added to the total liabilities in respect of other principal sums guaranteed pursuant to this Act would in the aggregate exceed the amount of $750 000.

(2)Such sums as may from time to time become due and payable by the Treasurer under any guarantee authorized by this Act shall be paid out of the Loan Fund (which is hereby to the necessary extent appropriated accordingly).

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Endnotes

1   General information

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

The Cabrini Private Hospital (Guarantees) Act 1970 was assented to on 24 March 1970 and came into operation on 24 March 1970.

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

There are no amendments made to the Cabrini Private Hospital (Guarantees) Act 1970 by Acts and subordinate instruments.

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.