Untitled document

Ambulance Services (Further Amendment) Act

1999

Act No. 25/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	1
4.	Definitions	2
5.	New section 3A inserted	3

3A. Interpretation: trust instruments 3

6. New section 23A inserted 3

23A. Trusts in relation to ambulance services 4

7.	Amendment of heading to Part 9	5
8.	New section 39A inserted	5

39A. Supreme Court—limitation of jurisdiction 5

9. New sections 42A and 42B inserted 5

42A.	Transitional provision (1999 amendments)	5
42B.	Savings provision: validity of things done by trustees	5

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NOTES 7

i

Victoria

No. 25 of 1999

Ambulance Services (Further

Amendment) Act 1999†

[Assented to 1 June 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Ambulance Services Act 1986 to provide that certain bequests and trusts are not affected by the abolition of an ambulance service.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

Ambulance Services (Further Amendment) Act 1999

Act No. 25/1999

In this Act, the Ambulance Services Act 1986 is	No. 114/1986.
called the Principal Act.	Reprint No. 1 as at
19 September 1996. Subsequently
amended by Nos 35/1996,
38/1998 and
46/1998.

4. Definitions

In section 3(1) of the Principal Act, insert the
following definitions—

' "abolished ambulance service" means an

ambulance service that was at any time—

(a) created under section 23; or

(b) listed in Schedule 1—

but was—

(c)	abolished by force of an Order under section 23(1)(g); or
(d)	removed from the list in Schedule 1 by force of an Order under section 23(1)(h);

"successor ambulance service", in relation to an

abolished ambulance service, means an
ambulance service that is by force of section
23A(1) to be taken to be the same body as
the abolished ambulance service for the
purposes of any trust in relation to the
abolished ambulance service, whether as a
result of the successor ambulance service—

(a)	immediately succeeding the abolished ambulance service; or
(b)

succeeding an ambulance service that service (immediately or otherwise) and

Ambulance Services (Further Amendment) Act 1999

s. 5	Act No. 25/1999
regardless of the ambulance service's position in any such chain of succession;

"trust", in relation to an abolished ambulance

service, means—

(a) a gift, disposition or trust of property made or declared, or deemed to have been made or declared; or

(b) a trust fund created—

whether by deed, will or otherwise to, or in favour of, for the use of, or for the purposes of, the abolished ambulance service or under its terms capable of being given to, or

applied in favour of, for the use of, or for the
purposes of, the abolished ambulance

service.'.

5. New section 3A inserted

After section 3 of the Principal Act insert—
"3A. Interpretation: trust instruments

If the terms of an instrument creating a trust (as defined in section 3(1)) in relation to an abolished ambulance service, specify

particular purposes of the ambulance service
for which the trust is created, then any
reference to the purposes of the abolished
ambulance service is a reference to the
purposes (if any) of the successor ambulance
service that correspond with, or are similar
to, those specified purposes of the abolished

ambulance service.".

6. New section 23A inserted

Ambulance Services (Further Amendment) Act 1999

Act No. 25/1999

After section 23 of the Principal Act insert—
"23A. Trusts in relation to ambulance services
(1) On and from the date on which an Order

under section 23 comes into operation, being an Order that abolishes an ambulance service or removes an ambulance service from the

list in Schedule 1 and transfers its assets,
powers, works, rights, liabilities or
obligations to another ambulance service

(the new ambulance service)—

(a)	the abolished ambulance service must be taken, for the purposes of any trust in relation to it, not to have been
abolished or removed from the list in Schedule 1; and
(b)	the new ambulance service must be taken to be the same body as the abolished ambulance service for those purposes; and
(c)

without limiting the effect of creating a trust in relation to—

(i)	the abolished ambulance service; or
(ii)	another abolished ambulance service of which the abolished ambulance service is the successor ambulance service—

continues to have effect according to its
tenor as if the trust were in relation to

the new ambulance service.

(2) Sub-section (1) has effect with respect to—

Ambulance Services (Further Amendment) Act 1999

s. 7 Act No. 25/1999

(a)	an Order made under section 23 before the commencement of the Ambulance Services (Further Amendment) Act 1999; and
(b)	an instrument of a kind referred to in sub-section (1)(c)—

in the same way as it would if it had been in
force at the time when the Order was made
and must be taken to have always had that

effect on and from that time.".

7. Amendment of heading to Part 9

In the heading to Part 9 of the Principal Act for
"REGULATIONS" substitute

"MISCELLANEOUS".

8. New section 39A inserted

After the heading to Part 9 of the Principal Act insert—

"39A. Supreme Court—limitation of jurisdiction It is the intention of section 42B to alter or vary section 85 of the Constitution Act

1975.".

9. New sections 42A and 42B inserted

After section 42 of the Principal Act insert—

'42A. Transitional provision (1999 amendments)

The amendments of this Act made by the Ambulance Services (Further Amendment) Act 1999 apply with respect to a trust (as defined in section 3(1)) in relation to an abolished ambulance service, whether the trust was created before or after the commencement of that Act.

42B. Savings provision: validity of things done

by trustees

Ambulance Services (Further Amendment) Act 1999

Act No. 25/1999

(1) Anything done or omitted to be done before

(as defined in section 3(1)) that would not
have constituted a breach of trust had the

the commencement day by a trustee of a trust Amendment) Act 1999 been enacted at the time at which the thing was done or omitted to be done is not to be regarded as constituting a breach of trust and the trustee is not liable for breach of trust on account of that act or omission.

(2) Nothing effected by the Ambulance

Services (Further Amendment) Act 1999 Amendment) Act 1999 never been enacted and on and from that day the trustee is not liable for breach of trust on account of that act or omission.

is to be regarded as making a trustee of a
trust (as defined in section 3(1)) liable for
breach of trust on account of anything done
or omitted to be done before the
commencement day by the trustee that would
not have constituted a breach of trust had the

(3) In this section "commencement day"

means the day on which the Ambulance
Services (Further Amendment) Act 1999

comes into operation.'.

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Ambulance Services (Further Amendment) Act 1999

Notes Act No. 25/1999

NOTES

†

Minister's second reading speech—

Legislative Council: 14 April 1999

Legislative Assembly: 5 May 1999

The long title for the Bill for this Act was "to amend the Ambulance

Services Act 1986 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Council: 14 April 1999

Legislative Assembly: 5 May 1999

Absolute majorities:

Legislative Council: 4 May 1999

Legislative Assembly: 25 May 1999