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New South Wales act
This Act gives legal effect to the 2004 corporate merger by treating gifts, devises and bequests made to any of the merged agencies (or to certain predecessors) as if they were made to the combined agency, Vision Australia. It applies to dispositions made before or after the merger or the Act’s commencement and includes declarations of trust, so donors, estates, trustees and Vision Australia have continuity of legal title without needing fresh transfers.
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Direct links to the current provisions in Royal Blind Society (Merger) Act 2005.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Definitions
(1) In this Act:
combined agency means Vision Australia (ACN 108 391 831).
merged agency means the Royal Blind Society of New South Wales (ACN 107 867 961), the Royal Victorian Institute for the Blind Limited (ACN 053 864 841) or the Vision Australia Foundation (ACN 007 428 284).
merger means the merger of the merged agencies that took place through a scheme of arrangement made under section 411 of the Corporations Act 2001 of the Commonwealth and was approved by the Federal Court of Australia on 6 July 2004.
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 (including money).
(2) Notes included in this Act do not form part of this Act.
4 Gifts, devises and bequests
(1) A gift, devise or bequest of property to, in favour of, or for the use of a merged agency or for a charitable purpose of a merged agency is taken to be, and takes effect as, a gift, devise or bequest of property to, in favour of, or for the use of the combined agency, or for a charitable purpose of the combined agency that corresponds with, or is similar to, a charitable purpose of the relevant merged agency for which the gift, devise or bequest was made or declared.
(2) This section applies in respect of a gift, devise or bequest of property made or declared before or after the commencement of this Act and regardless of whether it is or was made or declared before or after the merger.
(3) This section extends to a gift, devise or bequest of property to, in favour of, for the use of or for a charitable purpose of a predecessor of a merged agency, including the Royal Blind Society of New South Wales as constituted by the Royal Blind Society of New South Wales Act 1901 (before its repeal), as if that predecessor were a merged agency.
Note—
The Royal Blind Society of New South Wales constituted by the Royal Blind Society of New South Wales Act 1901 (before its repeal) was the predecessor of the Royal Blind Society of New South Wales (ACN 107 867 961).
(4) For the purposes of this section, a gift, devise or bequest of property includes a declaration of trust in respect of property.
5 (Repealed)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act is the Royal Blind Society (Merger) Act 2005.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Definitions
(1) In this Act:
combined agency means Vision Australia (ACN 108 391 831).
merged agency means the Royal Blind Society of New South Wales (ACN 107 867 961), the Royal Victorian Institute for the Blind Limited (ACN 053 864 841) or the Vision Australia Foundation (ACN 007 428 284).
merger means the merger of the merged agencies that took place through a scheme of arrangement made under section 411 of the Corporations Act 2001 of the Commonwealth and was approved by the Federal Court of Australia on 6 July 2004.
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 (including money).
(2) Notes included in this Act do not form part of this Act.
4 Gifts, devises and bequests
(1) A gift, devise or bequest of property to, in favour of, or for the use of a merged agency or for a charitable purpose of a merged agency is taken to be, and takes effect as, a gift, devise or bequest of property to, in favour of, or for the use of the combined agency, or for a charitable purpose of the combined agency that corresponds with, or is similar to, a charitable purpose of the relevant merged agency for which the gift, devise or bequest was made or declared.
(2) This section applies in respect of a gift, devise or bequest of property made or declared before or after the commencement of this Act and regardless of whether it is or was made or declared before or after the merger.
(3) This section extends to a gift, devise or bequest of property to, in favour of, for the use of or for a charitable purpose of a predecessor of a merged agency, including the Royal Blind Society of New South Wales as constituted by the (before its repeal), as if that predecessor were a merged agency.
Note—
The Royal Blind Society of New South Wales constituted by the Royal Blind Society of New South Wales Act 1901 (before its repeal) was the predecessor of the Royal Blind Society of New South Wales (ACN 107 867 961).
(4) For the purposes of this section, a gift, devise or bequest of property includes a declaration of trust in respect of property.
5 (Repealed)
s 5: Am 2009 No 56, Sch 4.60. Rep 2011 No 27, Sch 4.