65Governor in Council may order amalgamation

65 Governor in Council may order amalgamation S. 65(1) amended by Nos 112/1993 s. 9(1), 46/1998 s. 7(Sch. 1). (1) The Governor in Council, on the recommendation of the Minister made after receiving advice from the Secretary under section 64(6) or section 64A, may by Order published in the Government Gazette direct that two or more registered funded agencies be amalgamated. (2) Where an Order is made under subsection (1)— (a) on a date specified in the Order— (i) the incorporation of each registered funded agency to which the Order relates that is an incorporated body shall be cancelled; or (ii) each registered funded agency to which the Order relates that is an unincorporated body shall cease to exist— as the case requires; and (b) on that date a new registered funded agency of the kind specified in the Order having a board or committee of management constituted as specified in the Order shall come into existence by operation of the Order as if on that date— (i) it had been incorporated under this Act; or S. 65(2)(b)(ii) substituted by No. 20/2012 s. 226(Sch. 5 item 15(4)). (ii) it had been registered as an incorporated association under the **Associations Incorporation Reform Act 2012**; or (iii) an unincorporated body had been formed; and (c) on that date, the property of each registered funded agency that is the subject of the Order vests in the new registered funded agency without the necessity for any conveyance, transfer or assignment and so vests subject to— (i) any trust; and (ii) any restriction, limitation, mortgage, charge, encumbrance, lien, lease, covenant, contract or liability— to which the property was subject immediately before that date; and S. 65(2)(d) amended by No. 66/1998 s. 8(1). (d) on that date, all debts and liabilities, whether certain or contingent, of a registered funded agency that is the subject of the Order existing at that date become the debts and liabilities of the new registered funded agency; and S. 65(2)(e) inserted by No. 66/1998 s. 8(1). (e) on and from that date, each registered funded agency to which the Order relates must be taken, for the purposes of any trust in relation to that agency, not to have had its incorporation cancelled or to have ceased to exist and the new registered funded agency must be taken to be the same body as that agency for those purposes; and S. 65(2)(f) inserted by No. 66/1998 s. 8(1). (f) without limiting the effect of paragraph (e), on and from that date, an instrument creating a trust in relation to— (i) a registered funded agency to which the Order relates; or (ii) a former agency of which such a registered funded agency is the successor agency— continues to have effect according to its tenor as if the trust were in relation to the new registered funded agency. S. 65(3) amended by No. 112/1993 s. 9(2). (3) An Order under subsection (1) may include such other provisions not inconsistent with this Division as are necessary or expedient, including— S. 65(3)(a) inserted by No. 112/1993 s. 9(2). (a) provisions giving effect to any agreement under section 64A; and S. 65(3)(b) inserted by No. 112/1993 s. 9(2). (b) provisions relating to the construction of references in documents to any amalgamated denominational hospitals. (4) An Order under subsection (1) must declare the new registered funded agency to be either a public hospital or an incorporated association if the Order relates to the amalgamation of two or more agencies all of which are agencies of any of the following kinds— (b) an incorporated association under the **Associations Incorporation Act 1981**; S. 65(4)(c) amended by No. 112/1993 s. 9(3), substituted by No. 44/2001 s. 3(Sch. item 61.6). (c) a company within the meaning of the Corporations Act that is taken to be registered in Victoria; or S. 65(4)(d) inserted by No. 112/1993 s. 9(3). (d) a denominational hospital referred to in section 64A that is a body corporate. S. 65(5) inserted by No. 112/1993 s. 9(4). (5) In the case of a denominational hospital, an Order under subsection (1) has effect despite anything to the contrary in any Act or subordinate instrument. S. 65(6) inserted by No. 66/1998 s. 8(2). (6) Subsection (2), as amended by section 8(1) of the **Health Services (Further Amendment) Act 1998**, has effect with respect to— (a) an Order made under subsection (1) before the commencement of that section of that Act; and (b) an instrument of a kind referred to in subsection (2)(f) of this section— in the same way as it would if it had been in force as so amended at the time when the Order was made and must be taken to have always had that effect on and from that time. Pt 3 Div. 9A (Heading and ss 65A–65O) inserted by No. 46/1995 s. 10.