Part 26Victorian Commission for Gambling And Liquor Regulation Act 2011

Part 26—Victorian Commission for Gambling And Liquor Regulation Act 2011 Sch. 7 cl. 26.1 inserted by No. 58/2011 s. 92. 26.1 Definitions ***commencement day*** means the day on which section 92 of the **Victorian Commission for** **Gambling and Liquor Regulation Act 2011** comes into operation; ***Executive Commissioner*** means the Executive Commissioner of the former Commission appointed under section 10.1.9 as in force immediately before the commencement day; ***former Commission*** means the Victorian Commission for Gambling Regulation established by section 10.1.1, as in force immediately before the commencement day; ***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective; ***new Commission*** means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the **Victorian Commission for Gambling and Liquor Regulation Act 2011**; ***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; ***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective. Sch. 7 cl. 26.2 inserted by No. 58/2011 s. 92. 26.2 General savings provisions (1) This Part of this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. (2) This Part of this Schedule applies despite anything to the contrary in any other provision in this Act. Sch. 7 cl. 26.3 inserted by No. 58/2011 s. 92, repealed by No. 114/2003 s. 12.2.1 (Sch. 7 cl. 26.3(4)). Sch. 7 cl. 26.4 inserted by No. 58/2011 s. 92. 26.4 Abolition of the Victorian Commission for Gambling Regulation On the commencement day— (a) the former Commission is abolished and its members go out of office; (b) all rights, property and assets that, immediately before that day, were vested in the former Commission are, by force of this subclause, vested in the new Commission; (c) all debts, liabilities and obligations of the former Commission existing immediately before that day become, by force of this subclause, debts, liabilities and obligations of the new Commission; (d) the new Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal to which the former Commission was a party immediately before that day; (e) the new Commission is, by force of this subclause, substituted as a party to any arrangement or contract entered into by or on behalf of the former Commission as a party and in force immediately before that day. Sch. 7 cl. 26.5 inserted by No. 58/2011 s. 92. 26.5 References to the Victorian Commission for Gambling Regulation and Executive Commissioner On the commencement day— (a) any reference to the former Commission in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new Commission; (b) any reference to the Executive Commissioner of the former Commission in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new Commission. Sch. 7 cl. 26.6 inserted by No. 58/2011 s. 92. 26.6 Notices A notice given, issued or served by the former Commission or the Executive Commissioner under this Act that is in force immediately before the commencement day is, on and after that day, taken to be a notice given, issued or served by the new Commission. Sch. 7 cl. 26.7 inserted by No. 58/2011 s. 92. 26.7 Things commenced by the former Commission or Executive Commissioner before abolition of former Commission (1) This clause applies if immediately before the commencement day— (a) the former Commission or the Executive Commissioner has commenced to do something required or permitted to be done under the Act; and (b) the former Commission or Executive Commissioner has not completed doing that thing before that day. (2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the **Victorian Commission for Gambling and Liquor Regulation Act 2011**. (3) For the purposes of this clause, anything done by the former Commission or Executive Commissioner before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission. Sch. 7 cl. 26.8 inserted by No. 58/2011 s. 92. 26.8 Financial statements On and after the commencement day, the new Commission must ensure that the financial statements of the former Commission for the period starting on 1 July 2011 and ending on the day before the commencement day are prepared in accordance with the **Financial Management Act 1994**. Sch. 7 cl. 26.9 inserted by No. 58/2011 s. 92. 26.9 Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Part of this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Part of this Schedule, 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 former Commission. Sch. 7 cl. 26.10 inserted by No. 58/2011 s. 92. 26.10 Validity of things done under this Part of this Schedule Nothing effected or to be effected by this Part of this Schedule or done or suffered under this Part of 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 (other than the **Charter of Human Rights and Responsibilities Act 2006**) 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 relevant property; 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 obligor wholly or in part from any obligation. Sch. 7 Pt 27 (Heading and cls 27.1–27.4) inserted by No. 32/2012 s. 22.