{"id":"prahran-mechanics-institute-repeal-act-2024","name":"Prahran Mechanics' Institute Repeal Act 2024","slug":"prahran-mechanics-institute-repeal-act-2024","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177868,"registerId":"vic-prahran-mechanics-institute-repeal-act-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prahran Mechanics' Institute Repeal Act 2024","content":"Version No. 001\n\n**Prahran Mechanics' Institute Repeal Act 2024**\n\n**No. 30 of 2024**\n\nVersion as at  \n1 January 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Repeal of Prahran Mechanics' Institute Act 1899 2\n\n5 Dissolution of the PMI Circulating Library 3\n\n6 Consequences of repeal of Act 3\n\n7 Employees 5\n\n8 Taxes 6\n\n9 Action by Registrar of Titles 6\n\n10 Regulations dealing with transitional matters 6\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **001**\n\n**Prahran Mechanics' Institute Repeal Act 2024**\n\n**No. 30 of 2024**\n\nVersion as at  \n1 January 2025\n\n**The Parliament of Victoria enacts:**\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to repeal the **Prahran Mechanics' Institute Act 1899**; and\n\n(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.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 30 July 2025, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***liabilities***  means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***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;\n\n***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;\n\n***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**;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***transferred employee*** means a person whose employment is transferred to the PMI Victorian History Library under section 7.\n\n\t4 Repeal of Prahran Mechanics' Institute Act 1899\n\nThe **Prahran Mechanics' Institute Act 1899** is **repealed**.\n\n\t5 Dissolution of the PMI Circulating Library\n\nOn the repeal of the **Prahran Mechanics' Institute Act 1899**—\n\n(a) the PMI Circulating Library is dissolved; and\n\n(b) the governing committee of the PMI Circulating Library is abolished and its members go out of office; and\n\n(c) any rules or regulations made under section 5 of the **Prahran Mechanics' Institute Act 1899** are **revoked**.\n\n\t6 Consequences of repeal of Act\n\n(1) On the repeal of the **Prahran Mechanics' Institute Act 1899**—\n\n(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\n\n(b) the liabilities of the PMI Circulating Library existing immediately before that repeal become liabilities of the PMI Victorian History Library; and\n\n(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\n\n(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\n\n(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.\n\n(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**.\n\n(3) Without limiting subsections (1)(c) and (2), on the repeal of the **Prahran Mechanics' Institute Act 1899**—\n\n(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—\n\n(i) it had been assigned to the PMI Victorian History Library; and\n\n(ii) the lease referred to the PMI Victorian History Library instead of to the lessor (however described); and\n\n(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\n\n(c) nothing effected by this Act is to be regarded as—\n\n(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\n\n(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\n\n(iii) releasing the lessee, guarantor or any other person from any obligation under the lease.\n\n\t7 Employees\n\n(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—\n\n(a) to be employed by the PMI Victorian History Library; and\n\n(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\n\n(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.\n\n(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.\n\n(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**.\n\n\t8 Taxes\n\nNo 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.\n\n\t9 Action by Registrar of Titles\n\nThe 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.\n\n\t10 Regulations dealing with transitional matters\n\n(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).\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.\n\n(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.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **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.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 31 July 2024*\n\n*Legislative Council: 16 August 2024*\n\nThe 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.\"\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll 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).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll 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).\n\n• Provision numbers\n\nAll 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).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Prahran Mechanics' Institute Repeal Act 2024** by Acts and subordinate instruments.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The 1899 Act originally created and governed a statutory body (the Prahran Mechanics' Institution and Circulating Library). This Repeal Act removes that statutory framework and transfers the institute's assets, rights, contracts, employees and liabilities to a private incorporated association (PMI Victorian History Library Inc.) (s1, s4–6). That is a substantive change of scope: governance and legal form move from a Parliament‑created statutory entity to a privately incorporated body, together with associated shifts in who legally holds assets, who bears liabilities (s6(1)(b)), how employees are employed (s7), and which legal and administrative rules apply going forward. The Act also grants the executive a temporary power to make transitional regulations (s10), which broadens the practical scope of the repeal by allowing retrospective and overriding transitional measures (subject to the Charter) for up to two years (s10(4))."},"complexity_factors":["Short Act: 10 sections plus endnotes (concise structure)","About 6 defined terms in the interpretation section (s3)","Straightforward transfer provisions for property, rights and liabilities (s6)","Specific employee transfer and continuity rules (s7) with a limited caveat allowing later lawful changes (s7(3))","Provisions preserving encumbrances and treating leases as assigned while preventing assignment breaches (s6(2)–(3))","Cross‑references to multiple other Acts (Associations Incorporation Reform Act 2012, Transfer of Land Act 1958, Charter of Human Rights and Responsibilities Act 2006) increasing interaction points (s3, s9, s10(3))","Executive regulation power with retrospective effect and an overriding clause (s10(1)–(3)) — adds conditional complexity and potential for significant transitional rules","Tax exemption provision removing stamp duty complications (s8)","Sunset clause on the regulation power (s10(4)) limits long‑term complexity"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Repeals the Prahran Mechanics' Institute Act 1899, dissolving the statutory body known as the Prahran Mechanics' Institution and Circulating Library (the \"PMI Circulating Library\") and abolishing its governing committee (s1, s4–5).\n- Transfers everything the old statutory body owned or had a legal interest in — property, rights, contracts and liabilities (debts and obligations) — to a private incorporated association called the PMI Victorian History Library Inc. (defined as PMI Victorian History Library) (s3, s6(1)(a)–(d)).\n- Treats leases, security deposits and guarantees the statutory body was party to as if they had been assigned to the PMI Victorian History Library while preserving any encumbrances (claims or charges on the property) that existed before the repeal (s6(2)–(3)).\n- Automatically transfers employees to the PMI Victorian History Library on the same terms, preserves their accrued benefits and counts service as continuous (s7(1)–(2)), while allowing future lawful changes to employment terms (s7(3)).\n- Exempts transactions made because of this Act from stamp duty and other similar taxes (s8).\n- Requires the Registrar of Titles to make any necessary land‑title recordings caused by the transfers (s9).\n- Gives the executive (Governor in Council) a power to make transitional regulations, including retrospective regulations from the date of royal assent, subject to a two‑year sunset on that regulation power; those regulations may operate despite other Acts except the Charter of Human Rights and Responsibilities Act 2006 (s10).\n\nWho this affects and how\n\n- PMI Victorian History Library Inc.: gains ownership of property and rights, assumes liabilities and becomes party to existing contracts, leases and legal proceedings that involved the old statutory PMI (s6(1)(a)–(d)). The new association therefore takes on the financial and operational responsibilities of the dissolved statutory body.\n- Creditors, guarantors, lessees and counterparties: their contracts continue but with the PMI Victorian History Library in place of the old statutory body; existing encumbrances and obligations remain attached to the property (s6(2)–(3)). The Act expressly says the transfer does not create a breach of leases or trigger assignment conditions (s6(3)(c)).\n- Employees of the PMI Circulating Library: become employees of the PMI Victorian History Library on the same terms and keep accrued benefits, and their service counts as continuous for legal purposes (s7(1)–(2)). Future changes to their employment terms are still possible under normal laws, awards or agreements (s7(3)).\n- Government/taxation: will not collect stamp duty or similar taxes on transfers or documents done because of this Act (s8).\n- Land registration authorities: must update the Register of Titles to record changes (s9).\n\nWhy it matters (official purpose and practical implications)\n\n- Officially, the Act's purpose is to repeal the 1899 Act and move the statutory body’s assets, rights and liabilities into an incorporated association (s1). Mechanically, that shifts governance from a statutory entity created by Parliament to a private incorporated association registered under modern associations law (s3 definition).\n\nTesting the official purpose against costs, incentives and implementation mechanics\n\n- Who pays: liabilities (debts, ongoing contractual obligations, contingent claims) that existed against the old statutory body become the responsibility of the PMI Victorian History Library (s6(1)(b)). That concentrates financial risk on the receiving association rather than on the dissolved statutory entity.\n- Who decides: the Governor in Council can make transitional regulations (s10). Regulations may be retrospective to the date of royal assent and can operate notwithstanding other Acts (except the Charter), which gives the executive substantial discretion over implementation details and timing (s10(1)–(3)).\n- Behavioural changes required: counterparties must accept the new legal party to contracts and proceedings (s6(1)(c)–(d)); the Registrar of Titles must update land records (s9); employees’ legal employer changes but their terms and service continuity are preserved (s7).\n- Costs and transfer risk: transferring all liabilities and contingent obligations means the PMI Victorian History Library inherits legal and financial exposure that may be hard to quantify (s6(1)(b)). The Act preserves encumbrances (s6(2)), so buyers, funders and stakeholders must account for pre‑existing charges on transferred property.\n- Incentives and trade‑offs: the receiving association gains assets and institutional continuity, but also takes on legacy obligations. The explicit tax exemption (s8) lowers transaction costs associated with the transfer. The regulation power (s10) reduces transitional friction by allowing targeted rules, but it also centralises discretion and can affect third parties retroactively (s10(2)(a)).\n- Implementation risk and compliance burden: the Registrar of Titles must make records (s9); institutions and third parties must update contracts and records to reflect substitution of parties (s6(1)(c)–(d)). There is a potential for disputes if contingent liabilities surface after the transfer.\n- Limits and protections: the Act preserves lease obligations and prevents the transfer itself from constituting a breach or triggering assignment conditions (s6(3)(c)), and the regulation power cannot override the Charter of Human Rights (s10(3)). The transitional regulation power expires after two years (s10(4)), limiting long‑term executive rule‑making.\n\nConcrete mechanisms to watch (sections cited)\n\n- Asset and liability transfer: s6(1)(a)–(b) and s6(2).\n- Leases and security arrangements: s6(3).\n- Employees and continuity of service: s7.\n- Tax exemption (stamp duty and similar): s8.\n- Land‑title recording obligations: s9.\n- Broad transitional regulation power, including retrospective effect, with a two‑year sunset: s10.\n\nBottom line in one sentence\n\nThe Act dissolves the century‑old statutory Prahran Mechanics' Institute, transfers its assets, rights, contracts and liabilities to a privately incorporated association (the PMI Victorian History Library), preserves employee entitlements and existing encumbrances, waives related stamp duty, and gives the executive temporary regulation powers to manage the transition (ss1–10)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the 1899 Act and facilitating the transfer of the library's operations to a modern incorporated association. There is no scope creep — the Act does not expand into broader heritage, education, or local government matters."},"complexity_factors":["Only 10 operative sections (excluding endnotes)","5 defined terms in a straightforward interpretation section","Single-purpose legislation with a clear linear structure: repeal → dissolution → transfer → employee protection → tax exemption","No nested exceptions or complex conditional logic; most provisions operate automatically 'on the repeal'","Limited cross-referencing — primarily references to the repealed 1899 Act and standard Victorian statutes (Transfer of Land Act 1958, Associations Incorporation Reform Act 2012)","Section 6(3) contains the most detailed provision (lease assignments) but uses standard commercial transfer language without intricate sub-clauses","Sunset clause in section 10(4) automatically repeals the regulation-making power after 2 years"],"plain_english_summary":"This Act shuts down a 125-year-old library and transfers everything to a new organisation.\n\n**What it does:**\n- **Repeals** (cancels) the **Prahran Mechanics' Institute Act 1899**, which created a special library in Melbourne's inner south-east back in the 19th century.\n- **Dissolves** the old library body — called the \"PMI Circulating Library\" — and abolishes its governing committee.\n- **Transfers everything** owned or owed by the old library to a new organisation called the **PMI Victorian History Library Inc.** This includes:\n  - All books, buildings, and assets (**property**)\n  - All contracts and legal rights (**rights**)\n  - All debts and obligations (**liabilities**)\n  - All staff (who keep their jobs, pay, and accrued benefits)\n  - Any ongoing court cases\n\n**Who it affects:**\n- The library staff, who automatically become employees of the new organisation with no break in their service.\n- Anyone who had a contract or lease with the old library — these continue unchanged with the new organisation.\n- The new PMI Victorian History Library Inc., which takes over completely.\n\n**Why it matters:**\nThis is a **tidying-up exercise**. The old 1899 Act created a special type of incorporated body that doesn't fit modern Victorian law. By transferring everything to a modern incorporated association (registered under current laws), the library can operate more efficiently without being governed by outdated 19th-century legislation. The Act ensures nothing falls through the cracks — staff keep their jobs, leases stay valid, and no taxes are charged on the transfer."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to do exactly what its title states — repeal the legislation governing the Prahran Mechanics' Institute. There is no indication of scope creep or unintended expansion beyond this singular administrative purpose."},"complexity_factors":["Extremely narrow and specific scope — affects only one organisation","Repeal legislation is inherently simpler than legislation that creates new rights or obligations","Limited detail available in the provided text to assess any transitional provisions or asset transfer mechanisms","No apparent cross-references to complex regulatory frameworks"],"plain_english_summary":"This Act formally dissolves the Prahran Mechanics' Institute, removes the obsolete statute that established it, and clears the way for any remaining assets or responsibilities to be transferred to another body. It mainly affects remaining members, local stakeholders and heritage interests — an administrative tidy-up that formally ends a historic community learning organisation."}},"importantCases":[],"_links":{"self":"/api/acts/prahran-mechanics-institute-repeal-act-2024","history":"/api/acts/prahran-mechanics-institute-repeal-act-2024/history","analysis":"/api/acts/prahran-mechanics-institute-repeal-act-2024/analysis","conflicts":"/api/acts/prahran-mechanics-institute-repeal-act-2024/conflicts","importantCases":"/api/acts/prahran-mechanics-institute-repeal-act-2024/important-cases","documents":"/api/acts/prahran-mechanics-institute-repeal-act-2024/documents"}}