612Vesting of property in Secretary

612 Vesting of property in Secretary (1) Despite section 246A of the **Public Health and Wellbeing Act 2008**, on the commencement of section 6 of the **Health and Human Services Legislation Amendment Act 2010**— (a) all land vested in fee simple in the body corporate known as the Secretary to the Department of Human Services and specified in an order made under section 611(1)(a) vests in fee simple in the Secretary, whether the land is registered— (i) in the name of "Secretary to the Department of Human Services"; or (ii) in the name of "Secretary to the Department of Health and Community Services"; or (iii) in the name of "Department of Human Services"; or (iv) in the name of "Secretary, the Department of Human Services"; or (v) in the name of "Chief General Manager of the Department of Health"; or (vi) in the name of "Health Commission of Victoria"; or (vii) in a name that is substantially the same as any name referred to in subparagraphs (i) to (vi); and (b) the Secretary is taken to be the lessee under the leases specified in an order made under section 611(1)(b); and (c) the Secretary is taken to be the licensee under the licences specified in an order made under section 611(1)(c); and (d) all interests in land specified in an order made under section 611(1)(d) vest in the Secretary. (2) All land that vests in fee simple in the Secretary under this section is taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. (3) All leases referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (4) All licences referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (5) All interests in land referred to in subsection (1) are taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. (6) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of a lease or licence. (7) For the avoidance of doubt, the Secretary, on behalf of the Crown, is the successor in law to the body corporate known as the Secretary to the Department of Human Services in relation to any lease, licence or other interest given by the body corporate over land referred to in subsection (1). S. 613 inserted by No. 29/2010 s. 17.