Untitled document

Prahran Mechanics' Institute Amendment Act 2010

No. 31 of 2010

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Insertion of section 2A

2AObjectives of said incorporated body

5Insertion of section 11A

11APower to acquire land

6Insertion of section 11B

11BPower to sell or dispose of land

7Insertion of  section 18

18Said incorporated body does not represent the Crown

8Repeal of Amending Act

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EndnoteS

Prahran Mechanics' Institute Amendment Act 2010

No. 31 of 2010

[Assented to 8 June 2010]

Preamble

The Prahran Mechanics' Institute Act 1899 provided for the incorporation of the Prahran Mechanics' Institution and Circulation Library (the incorporated body).

The Prahran Mechanics' Institute Act 1899 also vested land in the incorporated body.

The incorporated body subsequently purchased land at High Street, Prahran for the purpose of erecting a building to extend the Mechanics' Institution and Circulating Library.

It is expedient to amend the Prahran Mechanics' Institute Act 1899 to empower the incorporated body to make up to 3 further acquisitions of land and to enable it to sell certain land that it owns or that is vested in it.

It is also expedient to set out the objectives of the incorporated body and to ensure that funds from the sales of land by the incorporated body are used for the purpose of achieving those objectives.

The Parliament of Victoria therefore enacts:

1Purpose

The purpose of this Act is to amend the Prahran Mechanics' Institute Act 1899 to—

(a)clarify the objectives of that Act;

(b)enable the Prahran Mechanics' Institution and Circulating Library incorporated to make 3 acquisitions of land;

(c)enable the Institution to sell certain land that it owns or that is vested in the Institution;

(d)ensure that any funds from the sale by the Institution of land are used for the purpose of achieving the Institution's objectives.

2Commencement

(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2)If section 5 does not come into operation before 1 June 2011, it comes into operation on that day.

(3)If a provision of this Act other than section 5 does not come into operation before 30 June 2010, it comes into operation on that day.

3Principal Act

In this Act, the Prahran Mechanics' Institute Act 1899 is called the Principal Act.

4Insertion of section 2A

After section 2 of the Principal Act insert—

"2A   Objectives of said incorporated body

For the purposes of this Act, the objectives of the said incorporated body are to—

(a)provide a circulating and reference library which includes works on State history and in particular the history of State places; and

(b)organise and conduct educational activities for the benefit of the members of the said incorporated body and for the general public; and

(c)encourage and facilitate historical and educational research.".

5Insertion of section 11A

After section 11 of the Principal Act insert—

"11A   Power to acquire land

(1)For the purposes of its objectives, the said incorporated body may make 3 separate acquisitions of land.

(2)For the purposes of subsection (1), an acquisition of land includes, but is not limited to, an acquisition of more than one parcel of land if the parcels of land are adjoining, whether or not that land is described in a single folio of the Register.

(3)Subsection (1) has effect until—

(a)the said incorporated body makes the third acquisition of land under that subsection; or

(b)5 years after that subsection comes into operation—

whichever is the earlier.

(4)The said incorporated body is not capable of disposing of a fee simple interest in any land acquired under subsection (1) and the title to that land is subject to that restriction.

Note

The said incorporated body may grant a lease of land acquired under subsection (1) or grant a licence or permit for the use of such land under section 2.

(5)The Registrar may make any recordings in or amendments to the Register that are necessary to give effect to any provision of this Act.".

6Insertion of section 11B

Before section 12 of the Principal Act insert—

"11B   Power to sell or dispose of land

(1)For the purposes of its objectives, the said incorporated body may sell or dispose of—

(a)land vested in the said incorporated body under section 4;

(b)the High Street property.

(2)The said incorporated body must apply all money resulting from any sale or disposal of land under subsection (1) for the purposes of its objectives.

(3)Subsection (1) has effect until—

(a)the said incorporated body sells or disposes of all land referred to in that subsection; or

(b)5 years after the subsection comes into operation—

whichever is the earlier.".

7Insertion of section 18

After section 17 of the Principal Act insert—

"18   Said incorporated body does not represent the Crown

The said incorporated body does not represent the Crown.".

8Repeal of Amending Act

This Act is repealed on 1 June 2012.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 15 April 2010

Legislative Council: 6 May 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the Prahran Mechanics' Institute Act 1899."