Saint Vincent's Hospital (Amendment) Act 1982 (NSW)

SAINT VINCENT S HOSPITAL (AMENDMENT) ACT, 1982,

No. 18

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Act No. 18, 1982.

An Act to amend the Saint Vincent's Hospital Act, 1912, to make further provision with respect to the use of land vested in the trustees of Saint Vincent's Hospital and the powers of those trustees; and for other purposes. | Assented to, 22nd April, 1982.)

2   Act No. 18, 1982.

Saint Vincent's Hospital (Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Saint Vincent's Hospital (Amendment)

Act, 1982".

Amendment of Act No. 5, 1912.

2. The Saint Vincent's Hospital Act, 1912, is amended in the manner

set forth in Schedule 1.

Validation.

Any act, matter or thing done before the commencement of this Act by any Superior-General of the religious order of the Sisters of Charity in New South Wales, by any Sister Administrator of Saint Vincent's Hospital or by any treasurer of that hospital which would have been lawfully so done if—

3.

(a) that Superior-General had been the Reverend Mother-General of the order;

(b) that Sister Administrator had been the Reverend Mother Rectress of the hospital; or

(c) that treasurer had been an honorary treasurer of the hospital.

as the case may be, is hereby validated.

Act No. 18, 1982. 3

Saint Vincent's Hospital (Amendment).

SCHEDULE 1.

(Sec. 2.)

AMENDMENTS TO THE SAINT VINCENT'S HOSPITAL ACT, 1912.

(1) (a) Section 2—

Omit "Reverend Mother-General", insert instead "Superior-

General".

(b) Section 2—

Omit "Reverend Mother Rectress", insert instead "Sister

Administrator".

(c) Section 2—

Omit "honorary treasurers", insert instead "treasurer".

(2) (a) Section 3—

After "whatsoever", insert ", but subject to the powers hereinafter contained".

(b) Section 3 (2 )—

At the end of section 3, insert:—

(2) Notwithstanding anything to the contrary in this Act,

after the commencement of the Saint Vincent's Hospital

(Amendment) Act, 1982—
(a)	the trusts upon which the land described in the First Schedule is vested in the trustees and their successors shall not include the maintenance thereon of the residence referred to in subsection (1) ; and
(b)	any portion of the land described in the First or Second Schedule or acquired at any time by the trustees may be used for the purposes of a residence for the Sisters of Charity in connection with the hospital.

4   Act No. 18, 1982.

Saint Vincent's Hospital (Amendment).

SCHEDULE 1—continued.

"AMENDMENTS TO THE SAINT VINCENT'S HOSPITAL ACT, 1912—continued.

(3) Sections 5-7—

Omit section 5, insert instead:—

Power to mortgage land.

5. The trustees may, for any purpose of or connected with the hospital, from time to time borrow money on the security of the whole or any portion of the land described in the Second Schedule or acquired at any time by the trustees, but not land described in the First Schedule.

Power to lease lanii.

6. (1) The trustees may, for any purpose of or connected with the hospital, from time to time lease any portion of the land described in the First or Second Schedule or acquired at any time by the trustees—

(a) for a term not exceeding 21 years, to a public or local authority constituted by or under an Act; or

(b) for a term not exceeding 10 years, to any other person.

(2) The trustees may give to the lessee of any lease under

subsection (1) an option of renewal if the aggregate duration of the

lease and any such renewal does not exceed the maximum term for	which the lease might have been granted to the lessee under that
subsection.
(3) Where land is not immediately required for use for any purpose of or connected with the hospital, the trustees may lease the land under subsection (1) for any other use.
(4) The trustees are not required to obtain a fair market rental in respect of any lease under subsection (1) to a public or local authority constituted by or under an Act.

Act No. 18, 1982. 5

Saint Vincent's Hospital (Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE SAINT VINCENT'S HOSPITAL ACT, 1912—continued.

Effect of Crown grant, etc.

7. The title to that portion of the land described in the First and Second Schedules that was granted by the Crown to Alicia de Lacy, John Hubert Plunkett and Sir Charles Nicholson on 17th January, 1855, upon trust for the erection of a hospital and residence for the Sisters of Charity in connection therewith shall not be held bad either at law or in equity by reason of any breach or non-performance (whether before or after the commencement of the Saint Vincent's Hospital (Amendment) Act, 1982) of any trust, condition, reserva- tion or proviso contained in the Crown grant or in any instrument of conveyance of the land executed before the commencement of this Act, and any provision in the Crown grant or instrument for forfeiture or reverter in the event of any such breach or non-performance shall be deemed to have been released by or on behalf of the Crown as from the date of the Crown grant or instrument, as the case may be.