Prahran Mechanics' Institute Repeal Act 2024 (Vic)

Version No. 001

Prahran Mechanics' Institute Repeal Act 2024

No. 30 of 2024

Version as at

1 January 2025

TABLE OF PROVISIONS

Section  Page

1Purposes

2Commencement

3Definitions

4Repeal of Prahran Mechanics' Institute Act 1899

5Dissolution of the PMI Circulating Library

6Consequences of repeal of Act

7Employees

8Taxes

9Action by Registrar of Titles

10Regulations dealing with transitional matters

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Prahran Mechanics' Institute Repeal Act 2024

No. 30 of 2024

Version as at

1 January 2025

The Parliament of Victoria enacts:

1Purposes

The purposes of this Act are—

(a)to repeal the Prahran Mechanics' Institute Act 1899; and

(b)to dissolve the Prahran Mechanics' Institution and Circulating Library incorporated established by the Prahran Mechanics' Institute Act 1899 and to provide for the transfer of the property, rights and liabilities of the Prahran Mechanics' Institution and Circulating Library incorporated to the PMI Victorian History Library Inc.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30 July 2025, it comes into operation on that day.

3Definitions

In this Act—

liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective;

PMI Circulating Library means the Prahran Mechanics' Institution and Circulating Library incorporated, being the incorporated body established by section 2 of the Prahran Mechanics' Institute Act 1899 as in force immediately before its repeal;

PMI Victorian History Library means the PMI Victorian History Library Inc., being the incorporated association registered under the Associations Incorporation Reform Act 2012 on 23 February 2022 with registration number A0115282K;

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, and includes property that the PMI Circulating Library has transferred or has purported to transfer to the PMI Victorian History Library before the repeal of the Prahran Mechanics' Institute Act 1899;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

transferred employee means a person whose employment is transferred to the PMI Victorian History Library under section 7.

4Repeal of Prahran Mechanics' Institute Act 1899

The Prahran Mechanics' Institute Act 1899 is repealed.

5Dissolution of the PMI Circulating Library

On the repeal of the Prahran Mechanics' Institute Act 1899—

(a)the PMI Circulating Library is dissolved; and

(b)the governing committee of the PMI Circulating Library is abolished and its members go out of office; and

(c)any rules or regulations made under section 5 of the Prahran Mechanics' Institute Act 1899 are revoked.

6Consequences of repeal of Act

(1)On the repeal of the Prahran Mechanics' Institute Act 1899—

(a)the property and rights that immediately before that repeal were vested in the PMI Circulating Library are vested in the PMI Victorian History Library; and

(b)the liabilities of the PMI Circulating Library existing immediately before that repeal become liabilities of the PMI Victorian History Library; and

(c)the PMI Victorian History Library is substituted as a party to any arrangement or contract entered into by or on behalf of the PMI Circulating Library as a party and in force immediately before that repeal; and

(d)the PMI Victorian History Library is substituted as a party to any proceeding in a court or a tribunal to which the PMI Circulating Library was a party immediately before that repeal and which has not been finally determined; and

(e)unless the context otherwise requires, a reference to the PMI Circulating Library in any other Act, subordinate instrument or other document is to be construed as a reference to the PMI Victorian History Library.

(2)The property and rights of the PMI Circulating Library transferred to the PMI Victorian History Library are transferred subject to the encumbrances (if any) to which they were subject immediately before the repeal of the Prahran Mechanics' Institute Act 1899.

(3)Without limiting subsections (1)(c) and (2), on the repeal of the Prahran Mechanics' Institute Act 1899—

(a)any lease to which the PMI Circulating Library was a party in force immediately before that repeal has effect as a lease between the PMI Victorian History Library and the lessee for the time being under the lease, as if—

(i)it had been assigned to the PMI Victorian History Library; and

(ii)the lease referred to the PMI Victorian History Library instead of to the lessor (however described); and

(b)any security deposit, surety or guarantee in any form under the lease in favour of the PMI Circulating Library has effect in favour of the PMI Victorian History Library; and

(c)nothing effected by this Act is to be regarded as—

(i)placing any person in a breach of, or as constituting a default under, any provision prohibiting, restricting or regulating the assignment of the lease; or

(ii)fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(iii)releasing the lessee, guarantor or any other person from any obligation under the lease.

7Employees

(1)On the repeal of the Prahran Mechanics' Institute Act 1899, a person who immediately before that repeal was employed by the PMI Circulating Library is taken on and from that repeal—

(a)to be employed by the PMI Victorian History Library; and

(b)to be employed by the PMI Victorian History Library on the same terms and conditions as those that applied to the transferred employee as an employee of the PMI Circulating Library immediately before that repeal; and

(c)to have accrued an entitlement to employment benefits with the PMI Victorian History Library that is equivalent to the entitlement that the transferred employee had accrued as an employee of the PMI Circulating Library immediately before that repeal.

(2)The service of a transferred employee is taken for all purposes to have been continuous with the service of the transferred employee immediately before the repeal of the Prahran Mechanics' Institute Act 1899 as an employee of the PMI Circulating Library.

(3)Nothing in this section prevents any of the terms and conditions of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the repeal of the Prahran Mechanics' Institute Act 1899.

8Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with the transfer of property, rights or liabilities of the PMI Circulating Library.

9Action by Registrar of Titles

The Registrar of Titles must make any recordings in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.

10Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.

(3)Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.

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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 Prahran Mechanics' Institute Repeal Act 2024 was assented to on 3 September 2024 and came into operation on 1 January 2025: Special Gazette (No. 700) 17 December 2024 page 1.

Minister's second reading speech—

Legislative Assembly: 31 July 2024

Legislative Council: 16 August 2024

The long title for the Bill for this Act was "A Bill for an Act to repeal the Prahran Mechanics' Institute Act 1899, to dissolve the Prahran Mechanics' Institution and Circulating Library incorporated and to provide for the transfer of property, rights and liabilities of that entity to the PMI Victorian History Library Inc., and for other purposes."

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 Prahran Mechanics' Institute Repeal Act 2024 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.