Despite the repeal of sections 31 and 32 of the Cemeteries Act 1958, those sections, as in force immediately before their repeal, continue to apply in respect of any sum lent or paid under section 31 to a cemetery trust under that Act or security given under section 32 of that Act.
20 Accounts and abstracts
Despite the repeal of sections 33, 34 and 35 of the Cemeteries Act 1958, a cemetery trust must provide to the Secretary by 1 October 2005, accounts, abstracts and a statement for the period commencing 1 January 2005 and ending 30 June 2005 containing the information referred to in those sections as in force immediately before their repeal.
21 Exhumation licences
On 1 July 2005, any existing exhumation licence issued under section 48 of the Cemeteries Act 1958 is deemed to be an exhumation licence under this Act.
22 Overlay sites at Melbourne General Cemetery
Despite the repeal of section 46A of the Cemeteries Act 1958, that section, as in force immediately before its repeal, continues to apply in respect of any right of burial or interment to which that section applied immediately before its repeal.
23 Mortuary churches or chapels
On 1 July 2005, a plan of a mortuary church or chapel proposed to be erected and built in a cemetery submitted for the approval of a cemetery trust under section 29 of the Cemeteries Act 1958 which has not been determined before that date is deemed, on that date, to be an application under section 101 and may be considered and determined by a cemetery trust accordingly.
24 Pioneer memorial parks
(1) On 1 July 2005, a pioneer memorial park established under Part IA of the Cemeteries Act 1958 is deemed to be a historic cemetery park.
(2) On 1 July 2005, a proposal to convert a cemetery to a pioneer memorial park submitted to the Secretary under section 60B(1) of the Cemeteries Act 1958 which has been made but not determined before that date is deemed to be an application under section 66 and may be considered and determined by the Minister accordingly.
(3) On 1 July 2005, an authority granted by the Minister under section 60B(3) of the Cemeteries Act 1958 in existence at that date is deemed to be an approval to convert under section 67.
25 Third Schedule certificate
On 1 July 2005, a duly completed document in theform of the Third Schedule to the Cemeteries Act 1958 and in existence immediately before that date is deemed to be a certificate of a registered medical practitioner authorising cremation referred to in section 131(3)(a)(i).
Sch. 3 inserted by No. 61/2009 s. 24.
Schedule 3—Regional Class A cemetery trusts
1 Application of Schedule
This Schedule applies to—
(a) The Ballarat General Cemeteries Trust;
(b) The Bendigo Cemeteries Trust;
(c) The Geelong Cemeteries Trust.
2 Conversion to Class A cemetery trusts
(1) On the commencement of this Schedule, a cemetery trust to which this Schedule applies—
(a) is deemed, on and from that commencement, to be a Class A cemetery trust for the purposes of this Act—
(i) responsible for the management of the same public cemeteries for which the relevant cemetery trust was responsible immediately before that commencement; and
(ii) known by the same name as it was known immediately before that commencement;
(b) continues in existence as if established as a Class A cemetery trust under Part 2;
(c) is the same body after that commencement as it was before the commencement, despite the change of its status to a Class A cemetery trust or any change in membership of the cemetery trust.
(2) Subclause (1) does not affect any decision, matter or thing done or undertaken in accordance with this Act by a cemetery trust to which this Schedule applies immediately before the commencement of this Schedule.
3 Trust members
(1) On the commencement of this Schedule, a member of a cemetery trust to which this Schedule applies in office immediately before that commencement—
(a) is deemed to be a member of the relevant cemetery trust converted by clause 2 for the same cemetery trust of which that person was a member immediately before that commencement as if appointed in accordance with section 6A; and
A member of the Ballarat General Cemeteries Trust is a member of the Ballarat General Cemeteries Trust which has been converted to a Class A cemetery trust.
A member of the Bendigo Cemeteries Trust is a member of the Bendigo Cemeteries Trust which has been converted to a Class A cemetery trust.
A member of the Geelong Cemeteries Trust is a member of the Geelong Cemeteries Trust which has been converted to a Class A cemetery trust.
(b) continues in office for a period of 3 years from the commencement of this Schedule as if appointed in accordance with section 6A; and
(c) if any member of a cemetery trust to which this Schedule applies was, immediately before that commencement, a life member of a cemetery trust, ceases to be a life member and paragraph (b) applies to that person; and
(d) in the case of a chairperson of a cemetery trust to which this Schedule applies, that person continues as chairperson of the relevant cemetery trust converted by clause 2 as if he or she had been appointed under clause 2 of Schedule 1A for the remainder of the period for which he or she was elected chairperson of the cemetery trust as constituted immediately before the commencement of this Schedule, provided that period does not exceed 3 years from the commencement of this Schedule.
(2) The Minister, by instrument, may fix the remuneration payable to any member of a cemetery trust referred to in subclause (1) for the period of the person's appointment under subclause (1).
(3) In fixing remuneration under subclause (2), the Minister must take into account any Government guidelines for the remuneration of members of public bodies.
(4) Nothing in this clause prevents a person being eligible for reappointment as a member of a Class A cemetery trust or a Class B cemetery trust.
4 Property and staff
(1) For the avoidance of doubt, on and from the commencement of this Schedule—
(a) all property vested in a cemetery trust to which this Schedule applies immediately before that commencement (including all money standing immediately before that commencement to the credit of a fund or account of a cemetery trust to which this Schedule applies and any other money belonging to the cemetery trust as at that commencement) and all rights and liabilities—
(i) continue as the property, rights and liabilities of the relevant Class A cemetery trust converted by this Schedule; and
(ii) may be used or invested by the Class A cemetery trust converted by this Schedule in accordance with this Act; and
(b) a person employed immediately before the commencement of this Schedule by a cemetery trust to which this Schedule applies (including a chief executive officer of a cemetery trust to which this Schedule applies) continues to be employed by the relevant Class A cemetery trust converted by clause 2 subject to the same terms and conditions of employment.
(2) Nothing in subclause (1)(b) prevents—
(a) any of the terms and conditions of employment of a person referred to in subclause (1)(b) from being altered by or under any law, award or agreement with effect from any time after the commencement of this Schedule; or
(b) a person referred to in subclause (1)(b) from resigning or being dismissed at any time after the commencement of this Schedule in accordance with the then existing terms and conditions of his or her employment by the relevant Class A cemetery trust.
5 Amendment of Register
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Schedule.
6 Validity of things done under this Schedule
Nothing effected or to be effected by this Schedule or done or suffered under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligee or obligor wholly or in part from any obligation.
Sch. 4 inserted by No. 61/2009 s. 25.
Schedule 4—Abolition of certain cemetery trusts and establishment of new Class A cemetery trusts
Part 1—Preliminary
1 Definitions
In this Schedule—
appointed day means—
(a) in relation to The Mildura Cemetery Trust, the appointed day specified in an order made under clause 2 in respect of The Mildura Cemetery Trust;
(b) in relation to The Greater Metropolitan Cemeteries Trust, the appointed day specified in an order made under clause 2 in respect of The Greater Metropolitan Cemeteries Trust;
(c) in relation to The Southern Metropolitan Cemeteries Trust, the appointed day specified in an order made under clause 2 in respect of The Southern Metropolitan Cemeteries Trust;
former council managed cemetery trust means—
(a) the old Mildura Cemetery Trust;
(b) The Keilor Cemetery Trust;
(c) The Preston Cemetery Trust;
(d) Wyndham Cemeteries Trust;
former instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant appointed day—
(a) to which the old Mildura Cemetery Trust, a former southern cemetery trust or a former north west and eastern cemetery trust (as the case requires) was a party; or
(b) that was given to, or in favour of, the old Mildura Cemetery Trust, a former southern cemetery trust or a former north west and eastern cemetery trust (as the case requires); or
(c) that refers to the old Mildura Cemetery Trust, a former southern cemetery trust or a former north west and eastern cemetery trust (as the case requires); or
(d) under which—
(i) money is, or may become, payable to the old Mildura Cemetery Trust, a former southern cemetery trust or a former north west and eastern cemetery trust (as the case requires); or
(ii) other property is to be, or may become liable to be, transferred to or by the old Mildura Cemetery Trust, a former southern cemetery trust or a former north west and eastern cemetery trust (as the case requires);
former north west and eastern cemetery trust means—
(a) The Anderson's Creek Cemetery Trust;
(b) The Keilor Cemetery Trust;
(c) The Lilydale Cemeteries Trust;
(d) The Preston Cemetery Trust;
(e) The Templestowe Cemetery Trust;
(f) The Trustees of the Altona Memorial Park;
(g) The Trustees of the Fawkner Crematorium and Memorial Park;
(h) Wyndham Cemeteries Trust;
former southern cemetery trust means—
(a) The Cheltenham and Regional Cemeteries Trust;
(b) The Trustees of the Necropolis, Spring Vale;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
listed employee means an employee of the Brimbank City Council, the Darebin City Council, the Mildura Rural City Council or the Wyndham City Council who is eligible for inclusion on a list prepared under clause 15;
property means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
staff transfer date means a date fixed by the Secretary under clause 16;
The Greater Metropolitan Cemeteries Trust means the Class A cemetery trust established by clause 4;
The Keilor Cemetery Trust means the Keilor Cemetery Trust of which the Brimbank City Council or its councillors are the members;
The Mildura Cemetery Trust means the Class A cemetery trust established by clause 3;
the old Mildura Cemetery Trust means the Mildura Cemetery Trust of which the Mildura Rural City Council or its councillors are the members;
The Preston Cemetery Trust means the Preston Cemetery Trust of which the Darebin City Council or its councillors are the members;
The Southern MetropolitanCemeteries Trust means the Class A cemetery trust established by clause 5;
transfer order means an order made under clause 10;
Wyndham Cemeteries Trust means the Wyndham Cemeteries Trust of which the Wyndham City Council or its councillors are the members.
2 Appointed days
(1) The Governor in Council, by order published in the Government Gazette, may appoint a day as the appointed day in relation to The Mildura Cemetery Trust for the purposes of this Schedule.
(2) The Governor in Council, by order published in the Government Gazette, may appoint a day as the appointed day in relation to The Greater Metropolitan Cemeteries Trust for the purposes of this Schedule.
(3) The Governor in Council, by order published in the Government Gazette, may appoint a day as the appointed day in relation to The Southern Metropolitan Cemeteries Trust for the purposes of this Schedule.
Part 2—Establishment of Class A cemetery trusts
3 The Mildura Cemetery Trust
(a) the old Mildura Cemetery Trust is abolished and its members go out of office; and
(b) The Mildura Cemetery Trust is established and is the successor in law of the old Mildura Cemetery Trust; and
(c) all property and rights of the old Mildura Cemetery Trust are, by virtue of this clause, vested in The Mildura Cemetery Trust; and
(d) all liabilities of the old Mildura Cemetery Trust are, by virtue of this clause, liabilities of The Mildura Cemetery Trust.
(2) The Mildura Cemetery Trust—
(a) is a Class A cemetery trust responsible for the management of the public cemeteries for which the old Mildura Cemetery Trust was responsible immediately before the appointed day; and
4 The Greater Metropolitan Cemeteries Trust
(a) the following cemetery trusts are abolished and the members go out of office—
(i) The Anderson's Creek Cemetery Trust;
(ii) The Keilor Cemetery Trust;
(iii) The Lilydale Cemeteries Trust;
(iv) The Preston Cemetery Trust;
(v) The Templestowe Cemetery Trust;
(vi) The Trustees of the Altona Memorial Park;
(vii) The Trustees of the Fawkner Crematorium and Memorial Park;
(viii) Wyndham Cemeteries Trust;
(b) The Greater Metropolitan Cemeteries Trust is established and is the successor in law to each of the cemetery trusts specified in paragraph (a); and
(c) all property and rights of each of the former north west and eastern cemetery trusts are, by virtue of this clause, vested in The Greater Metropolitan Cemeteries Trust; and
(d) all liabilities of each of the former north west and eastern cemetery trusts are, by virtue of this clause, liabilities of The Greater Metropolitan Cemeteries Trust.
(2) The Greater Metropolitan Cemeteries Trust—
(a) is a Class A cemetery trust responsible for the management of the public cemeteries for which each of the former north west and eastern cemetery trusts was responsible immediately before the appointed day; and
5 The Southern Metropolitan Cemeteries Trust
(a) The Cheltenham and Regional Cemeteries Trust is abolished and the members go out of office; and
(b) The Trustees of the Necropolis, Spring Vale is abolished and the members go out of office; and
(c) The Southern Metropolitan Cemeteries Trust is established and is the successor in law to each of the cemetery trusts specified in paragraphs (a) and (b); and
(d) all property and rights of each of the former southern cemetery trusts are, by virtue of this clause, vested in The Southern Metropolitan Cemeteries Trust; and
(e) all liabilities of each of the former southern cemetery trusts are, by virtue of this clause, liabilities of The Southern Metropolitan Cemeteries Trust.
(2) The Southern Metropolitan Cemeteries Trust—
(a) is a Class A cemetery trust responsible for the management of the public cemeteries for which each of the former southern cemetery trusts was responsible immediately before the appointed day; and
6 Substitution of party to agreement
(1) If, under clause 3, the rights and liabilities of the old Mildura Cemetery Trust under an agreement, including an oral agreement, vest in, or become rights and liabilities of, The Mildura Cemetery Trust—
(a) on the appointed day, The Mildura Cemetery Trust becomes a party to the agreement in place of the old Mildura Cemetery Trust; and
(b) on and after the appointed day, the agreement has effect as if The Mildura Cemetery Trust had always been a party to the agreement.
(2) If, under clause 4, the rights and liabilities of a former north west and eastern cemetery trust under an agreement, including an oral agreement, vest in, or become rights and liabilities of, The Greater Metropolitan Cemeteries Trust—
(a) on the appointed day, The Greater Metropolitan Cemeteries Trust becomes a party to the agreement in place of the relevant former north west and eastern cemeteries trust; and
(b) on and after the appointed day, the agreement has effect as if The Greater Metropolitan Cemeteries Trust had always been a party to the agreement.
(3) If, under clause 5, the rights and liabilities of a former southern cemetery trust under an agreement, including an oral agreement, vest in, or become rights and liabilities of, The Southern Metropolitan Cemeteries Trust—
(a) on the appointed day, The Southern Metropolitan Cemeteries Trust becomes a party to the agreement in place of the relevant former southern cemetery trust; and
(b) on and after the appointed day, the agreement has effect as if The Southern Metropolitan Cemeteries Trust had always been a party to the agreement.
7 Former instruments
Any former instrument continues to have effect according to its tenor on and after the relevant appointed day as if a reference in the instrument—
(a) to the old Mildura Cemetery Trust were a reference to The Mildura Cemetery Trust;
(b) to a former north west and eastern cemetery trust were a reference to The Greater Metropolitan Cemeteries Trust;
(c) to a former southern cemetery trust were a reference to The Southern Metropolitan Cemeteries Trust.
8 Proceedings
(1) If, immediately before the appointed day, proceedings to which the old Mildura Cemetery Trust was a party were pending or existing in any court or tribunal, on and after the appointed day, The Mildura Cemetery Trust—
(a) is substituted for the old Mildura Cemetery Trust as a party to the proceedings; and
(b) has the same rights in the proceedings as the old Mildura Cemetery Trust had.
(2) If, immediately before the appointed day, proceedings to which a former north west and eastern cemetery trust was a party were pending or existing in any court or tribunal, on and after the appointed day, The Greater Metropolitan Cemeteries Trust—
(a) is substituted for the relevant former north west and eastern cemetery trust as a party to the proceedings; and
(b) has the same rights in the proceedings as the relevant former north west and eastern cemetery trust had.
(3) If, immediately before the appointed day, proceedings to which a former southern cemetery trust was a party were pending or existing in any court or tribunal, on and after the appointed day, The Southern Metropolitan Cemeteries Trust—
(a) is substituted for the relevant former southern cemetery trust as a party to the proceedings; and
(b) has the same rights in the proceedings as the relevant former southern cemetery trust had.
9 Interests in land
Without limiting Division 2 of Part 3 or this Schedule and despite anything to the contrary in any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), subject to clause 10, if—
(a) immediately before the appointed day the old Mildura Cemetery Trust is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on and after that day—
(i) The Mildura Cemetery Trust is to be taken to be the registered proprietor of that interest in land; and
(ii) The Mildura Cemetery Trust has the same rights and remedies in respect of that interest as the old Mildura Cemetery Trust had;
(b) immediately before the appointed day a former north west and eastern cemetery trust is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on and after that day—
(i) The Greater Metropolitan Cemeteries Trust is to be taken to be the registered proprietor of that interest in land; and
(ii) The Greater Metropolitan Cemeteries Trust has the same rights and remedies in respect of that interest as the relevant former north west and eastern cemetery trust had;
(c) immediately before the appointed day, a former southern cemetery trust is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on and after that day—
(i) The Southern Metropolitan Cemeteries Trust is to be taken to be the registered proprietor of that interest in land; and
(ii) The Southern Metropolitan Cemeteries Trust has the same rights and remedies in respect of that interest as the relevant former southern cemetery trust had.
10 Transfer order—former council managed cemetery trusts
(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may allocate to a Class A cemetery trust established by this Schedule the property, rights and liabilities of a municipal council which constituted a former council managed cemetery trust primarily used for or related to a former council managed cemetery trust or used for or in connection with the provision of cemetery or crematoria services or the management of a public cemetery by the municipal council that are specified in the order.
(2) Without limiting subclause (1), a transfer order may allocate property, rights and liabilities by reference—
(a) to a public cemetery or other place; or
(b) to a class or category of property, rights or liabilities; or
(c) to a combination of paragraphs (a) and (b).
(3) The Minister must not recommend the making of a transfer order unless he or she is satisfied that the details of the property, rights or liabilities to be transferred have been agreed between a municipal council which constituted a former council managed cemetery trust and the Secretary or a new Class A cemetery trust established by this Schedule.
11 Effect of transfer order
(1) If a transfer order is made, on the date specified in the order as the transfer date—
(a) all property and rights of the municipal council specified in the order vest in the Class A cemetery trust established by this Schedule and specified in the transfer order; and
(b) all liabilities of the municipal council specified in the order become liabilities of the Class A cemetery trust established by this Schedule and specified in the transfer order; and
(c) the Class A cemetery trust established by this Schedule and specified in the order becomes the successor in law of the municipal council in relation to the property, rights and liabilities specified in the transfer order.
(2) If, under a transfer order, the property, rights and liabilities of a municipal council under an agreement, including an oral agreement, vest in, or become property, rights and liabilities of, a Class A cemetery trust established by this Schedule—
(a) the Class A cemetery trust becomes, on the transfer date specified in the transfer order, a party to the agreement in place of the municipal council; and
(b) on and after the transfer date specified in the transfer order, the agreement has effect as if the Class A cemetery trust had always been a party to the agreement.
(3) If, immediately before the transfer date specified in the transfer order, proceedings relating to the property, rights or liabilities specified in the transfer order to which a municipal council was a party, were pending or existing in any court or tribunal, on and after the transfer date specified in the transfer order, the Class A cemetery trust established by this Schedule and specified in the order—
(a) is substituted for the municipal council as a party to the proceedings; and
(b) has the same rights in the proceedings as the municipal council had.
(4) Without limiting this Schedule and despite anything to the contrary in any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), if immediately before the transfer date specified in the transfer order, a municipal council is, in relation to the property, rights or liabilities specified in the transfer order, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a) the Class A cemetery trust established by this Schedule and specified in the order is to be taken to be the registered proprietor of that interest in land; and
(b) the Class A cemetery trust established by this Schedule and specified in the order has the same rights and remedies in respect of that interest as the municipal council had.
(5) Any instrument relating to property, rights and liabilities of a municipal council that under a transfer order have vested in, or become property, rights and liabilities of a Class A cemetery trust established by this Schedule has effect and continues to have effect according to its tenor on and after the transfer date specified in the transfer order as if a reference in the instrument to the municipal council were a reference to the Class A cemetery trust specified in the transfer order.
(6) More than one transfer order may be made under this clause.
12 Interim CEO
(1) The Secretary, by instrument, may appoint a person to act as the interim chief executive officer of The Mildura Cemetery Trust.
(2) The Secretary, by instrument, may appoint a person to act as the interim chief executive officer of The Greater Metropolitan Cemeteries Trust.
(3) The Secretary, by instrument, may appoint a person to act as the interim chief executive officer of The Southern Metropolitan Cemeteries Trust.
(4) Subject to this Act, a person appointed to act as interim chief executive officer—
(a) of The Mildura Cemetery Trust appointed under subclause (1) is taken to have been appointed by The Mildura Cemetery Trust;
(b) of The Greater Metropolitan Cemeteries Trust appointed under subclause (2) is taken to have been appointed by The Greater Metropolitan Cemeteries Trust;
(c) of The Southern Metropolitan Cemeteries Trust appointed under subclause (3) is taken to have been appointed by The Southern Metropolitan Cemeteries Trust.
(5) An appointment under subclause (1), (2) or (3)—
(a) is subject to the terms and conditions specified in the instrument of appointment; and
(b) is for the period specified in that instrument, not exceeding 6 months.
See section 13 of the Interpretation of Legislation Act 1984.
(6) The Secretary may reappoint an interim chief executive officer appointed under this clause provided the total period of the interim chief executive officer's appointment does not exceed 12 months.
(7) Nothing in this clause prevents a person appointed as an interim chief executive officer being employed by the relevant Class A cemetery trust in accordance with section 18L as a chief executive officer after his or her interim appointment expires.
13 Transfer of staff
(1) A person who, immediately before the appointed day, was an employee of the old Mildura Cemetery Trust is to be taken as—
(a) having been employed by The Mildura Cemetery Trust with effect from that day; and
(b) having been employed by The Mildura Cemetery Trust on the same terms and conditions as those that applied to the person immediately before that day as an employee of the old Mildura Cemetery Trust; and
(c) having accrued an entitlement to benefits in connection with that employment by The Mildura Cemetery Trust that is equivalent to the entitlement that the person had accrued as an employee of the old Mildura Cemetery Trust immediately before that day.
(2) A person who, immediately before the appointed day, was an employee of a former north west and eastern cemetery trust is to be taken as—
(a) having been employed by The Greater Metropolitan Cemeteries Trust with effect from that day; and
(b) having been employed by The Greater Metropolitan Cemeteries Trust on the same terms and conditions as those that applied to the person immediately before that day as an employee of the relevant former north west and eastern cemetery trust; and
(c) having accrued an entitlement to benefits in connection with that employment by The Greater Metropolitan Cemeteries Trust that is equivalent to the entitlement that the person had accrued as an employee of the relevant former north west and eastern cemetery trust immediately before that day.
(3) A person who, immediately before the appointed day, was an employee of a former southern cemetery trust is to be taken as—
(a) having been employed by The Southern Metropolitan Cemeteries Trust with effect from that day; and
(b) having been employed by The Southern Metropolitan Cemeteries Trust on the same terms and conditions as those that applied to the person immediately before that day as an employee of the relevant former southern cemetery trust; and
(c) having accrued an entitlement to benefits in connection with that employment by The Southern Metropolitan Cemeteries Trust that is equivalent to the entitlement that the person had accrued as an employee of the relevant former southern cemetery trust immediately before that day.
(4) The service of an employee transferred under this clause as an employee—
(a) of The Mildura Cemetery Trust is to be taken for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an employee of the old Mildura Cemetery Trust;
(b) of The Greater Metropolitan Cemeteries Trust is to be taken for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an employee of the relevant former north west and eastern cemetery trust;
(c) of The Southern Metropolitan Cemeteries Trust is to be taken for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an employee of the relevant former southern cemetery trust.
(5) The superannuation entitlements of an employee transferred under this clause are to be taken not to be affected by the transfer of the person under this clause.
(6) An employee transferred under this clause is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Mildura Cemetery Trust, the relevant former southern cemetery trust or the relevant former north west and eastern cemetery trust, as the case requires, because of this clause.
(7) A certificate purporting to be signed by the chief executive officer of The Mildura Cemetery Trust, The Greater Metropolitan Cemeteries Trust or The Southern Metropolitan Cemeteries Trust, as the case requires, certifying that a person named in the certificate was, with effect from the relevant appointed day, employed by virtue of this clause by The Mildura Cemetery Trust, The Greater Metropolitan Cemeteries Trust or The Southern Metropolitan Cemeteries Trust (as the case requires)—
(a) is admissible in evidence in any proceedings; and
(b) is conclusive proof of the matters stated in it.
(8) This clause does not apply to the chief executive officer (by whatever title called) of—
(a) the old Mildura Cemetery Trust;
(b) a former north west and eastern cemetery trust;
(c) a former southern cemetery trust.
(9) This clause does not apply to a listed employee.
14 Future terms and conditions of staff
Nothing in clause 13 prevents—
(a) any of the terms and conditions of employment of a person referred to in that clause from being altered by or under any law, award or agreement with effect from any time after the relevant appointed day; or
(b) a person referred to in that clause from resigning or being dismissed at any time after the relevant appointed day in accordance with the then existing terms and conditions of his or her employment by The Mildura Cemetery Trust, The Greater Metropolitan Cemeteries Trust or The Southern Metropolitan Cemeteries Trust, as the case requires.
15 Listed employees
(1) Before the relevant staff transfer date, the Secretary may prepare a list of employees of Brimbank City Council, Darebin City Council, Mildura Rural City Council or Wyndham City Council who are eligible to become employees of a new Class A cemetery trust established by this Schedule on that date.
(2) A person is eligible to be a listed employee if that person—
(a) is employed by a municipal council referred to in subclause (1) primarily for the purposes of a cemetery trust or any public cemetery for which it is responsible; and
(b) agrees to be transferred in accordance with this Schedule.
(3) The list may specify the listed employees—
(a) by name or position; or
(b) by class or category; or
(c) by reference to a municipal council, a cemetery trust, public cemetery or other place; or
(d) by any combination of paragraphs (a) to (c).
(4) The list must specify the new Class A cemetery trust established by this Schedule which, on the staff transfer date, is to become the employer of each listed employee specified on the list.
(5) Nothing in this clause prevents a person specified as a listed employee under this clause from resigning or being dismissed at any time before the relevant staff transfer date in accordance with the terms and conditions of his or her employment.
16 Staff transfer date
(1) The Secretary, by notice published in the Government Gazette, may determine a date that is to be the staff transfer date for the purposes of transferring a listed employee or listed employees.
(2) A staff transfer date must not be a date earlier than the appointed day in relation to the relevant Class A cemetery trust established by this Schedule.
(3) The Secretary may give more than one notice under this clause.
17 Transfer of listed employees
(1) A person who was a listed employee immediately before the relevant staff transfer date is to be taken as—
(a) having been employed by the Class A cemetery trust established by this Schedule and specified in the list in respect of that listed employee with effect from the staff transfer date; and
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant staff transfer date, as an employee of the relevant municipal council; and
(c) having accrued an entitlement to benefits in connection with that employment with the Class A cemetery trust established by this Schedule and specified in the list in respect of that listed employee that is equivalent to the entitlement that the person had accrued as an employee of the relevant municipal council immediately before the relevant staff transfer date.
(2) The service of a listed employee transferred under this clause as an employee of the Class A cemetery trust established by this Schedule and specified in the list in respect of that listed employee is to be regarded for all purposes as having been continuous with the service of the transferred listed employee, immediately before the relevant staff transfer date, as an employee of the relevant municipal council.
(3) A listed employee transferred under this clause is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a municipal council because of this Schedule.
(4) The superannuation entitlements of an employee transferred under this clause are to be taken not to be affected by the transfer of the person under this clause.
(5) A certificate purporting to be signed by the chief executive officer of the Class A cemetery trust established by this Schedule and specified in the list in respect of a listed employee certifying that a person named in the certificate was, with effect from the relevant staff transfer date, employed by virtue of this clause by the Class A cemetery trust named in the certificate—
(a) is admissible in evidence in any proceedings; and
(b) is conclusive proof of the matters stated in it.
18 Future terms and conditions of transferred listed employees
Nothing in clause 17 prevents—
(a) any of the terms and conditions of employment of a listed employee transferred under that clause from being altered by or under any law, award or agreement with effect from any time after the relevant staff transfer date; or
(b) a listed employee transferred under that clause from resigning, or the termination of that employee's employment, at any time after the relevant staff transfer date in accordance with the then existing terms and conditions of his or her employment by the Class A cemetery trust to which that listed employee was transferred.
19 Cemetery trust fees
(1) Any cemetery trust fees fixed by the old Mildura Cemetery Trust, a former north west and eastern cemetery trust or a former southern cemetery trust and in force immediately before the relevant appointed day, on and from the relevant appointed day, are taken to be cemetery trust fees fixed by—
(a) The Mildura Cemetery Trust, in the case of cemetery trust fees fixed by the old Mildura Cemetery Trust;
(b) The Greater Metropolitan Cemeteries Trust, in the case of cemetery trust fees fixed by a former north west and eastern cemetery trust;
(c) The Southern Metropolitan Cemeteries Trust, in the case of cemetery trust fees fixed by a former southern cemetery trust.
(2) Cemetery trust fees to which this clause applies must be reviewed by the relevant Class A cemetery trust established by this Schedule within 2 years of the relevant appointed day for each Class A cemetery trust.
20 Construction of references
On and from the relevant appointed day, in any Act (other than this Act), or in any subordinate instrument made under any Act or in any other document of any kind, unless the context otherwise requires—
(a) a reference to The Cheltenham and Regional Cemeteries Trust is to be construed as a reference to The Southern Metropolitan Cemeteries Trust;
(b) a reference to The Trustees of the Necropolis, Spring Vale is to be construed as a reference to The Southern Metropolitan Cemeteries Trust;
(c) a reference to The Anderson's Creek Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(d) a reference to The Keilor Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(e) a reference to The Lilydale Cemeteries Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(f) a reference to The Preston Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(g) a reference to The Templestowe Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(h) a reference to The Trustees of the Altona Memorial Park is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(i) a reference to The Trustees of the Fawkner Crematorium and Memorial Park is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(j) a reference to Wyndham Cemeteries Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;
(k) a reference to the Mildura Cemetery Trust is to be construed as a reference to The Mildura Cemetery Trust established by this Schedule.