Public Hospitals (Amendment) Act 1940 (NSW)

PUBLIC HOSPITALS (AMENDMENT) ACT.

Act No. 17, 1940.

An Act to amend the Public Hospitals Act, 1929-

1937, in certain respects; and for purposes

connected therewith. [Assented to, 30th

May, 1940.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 .     (1) This Act may be cited as the "Public Hospitals

(Amendment) Act, 1940."

(2) The Public Hospitals Act, 1929-1937, as amended by this Act, may be cited as the Public Hospitals Act, 1929-1940.

2 . The Public Hospitals Act, 1929-1937, is amended—

(a) by inserting at the end of section nineteen the following new subsection:—

(2) (a) The constitution of a hospital as a body corporate by or under this Act shall not operate and shall bo deemed never to have operated so as to release any surety or guarantor from liability as such surety or guarantor for or of the payment of any debts due or to become due or of moneys payable or to become payable by the hospital.

(c)

(b) In any case in which a guarantee has been given guaranteeing the payment by a hospital of moneys advanced or to be advanced to it and such hospital is constituted a body corporate under this Act such guarantee shall extend and shall be deemed always to have extended to all advances made to such body corporate after its constitution as such.

(c) This subsection shall extend to and in respect of any guarantee validated or authorised by the Government Guarantees Act, 1934, as amended from time to time,

(b) by inserting next after section thirty-seven the following new section:—

37A. (1) Notwithstanding any limitation of its powers in this Act contained or otherwise arising, the board of a hospital shall have and shall be deemed always to have had power, on behalf of the hospital, to obtain advances by way of overdraft from any bank.

(2) In this section the expression "board of a hospital" includes the governing authority of any institution the name of which is included in the Third Schedule to this Act and the expression "hospi ta l " includes any such institution.