Part 2 The cemetery trust and the crematorium trust

4   Incorporation of the trustees of the cemetery

The trustees from time to time of the cemetery are hereby constituted a corporation under the name of “The Botany Cemetery Trust”.

5   Incorporation of the trustees of the crematorium

The trustees from time to time of the crematorium are hereby constituted a corporation under the name of “The Eastern Suburbs Crematorium Trust”.

6   Transfer of property etc of trustees of the cemetery to the cemetery trust

(1)  In this section, the trustees means the trustees of the cemetery immediately before the commencement of this Act.

(2)  Upon the commencement of this Act:

(a)  the property of the trustees relating to the care, control and management of the cemetery, including all moneys, books of account, registers, records and all documents and things relating to, or connected with, the operation of the cemetery, shall become the property of the cemetery trust,

(b)  all moneys, or liquidated or unliquidated claims, which, immediately before the commencement of this Act, were payable to or recoverable by the trustees in connection with the care, control and management of the cemetery shall be moneys, or liquidated or unliquidated claims, payable to, or recoverable by, the cemetery trust,

(c)  all suits, actions and proceedings pending immediately before the commencement of this Act at the suit of the trustees, in connection with the care, control and management of the cemetery, shall respectively be suits, actions and proceedings pending at the suit of the cemetery trust and all suits, actions and proceedings so pending at the suit of any person against the trustees, in connection with the care, control and management of the cemetery, shall respectively be suits, actions and proceedings pending at the suit of that person against the cemetery trust,

(d)  all contracts, agreements and undertakings entered into with, and all securities lawfully given to, or by, the trustees, in connection with the care, control and management of the cemetery, and in force immediately before the commencement of this Act, shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to, or by, the cemetery trust,

(e)  the cemetery trust may, in connection with the care, control and management of the cemetery, pursue the same remedies for the recovery of such moneys and claims, and for the prosecution of such suits, actions and proceedings as the trustees might have done had this Act not been enacted,

(f)  the cemetery trust may enforce and realise any security or charge, existing immediately before the commencement of this Act, in favour of the trustees in connection with the care, control and management of the cemetery, as if the security or charge were a security or charge in favour of the cemetery trust,

(g)  all debts, moneys and claims, liquidated or unliquidated, that, immediately before the commencement of this Act, were due or payable, or recoverable against, the trustees in connection with the care, control and management of the cemetery shall be debts due and moneys payable by, and claims recoverable against, the cemetery trust, and

(h)  all liquidated and unliquidated claims in connection with the care, control and management of the cemetery for which the trustees would, but for this Act, have been liable shall be liquidated and unliquidated claims for which the cemetery trust shall be liable.

7   Transfer of property etc of trustees of the crematorium to the crematorium trust

The provisions of section six of this Act apply to and in respect of the trustees of the crematorium and the crematorium trust in the same manner as they apply to and in respect of the trustees of the cemetery and the cemetery trust.

8   Powers etc of trustees exercisable by trusts

(1)  Any powers, authorities, duties or functions conferred or imposed upon the trustees of the cemetery or the trustees of the crematorium by or under any other Act shall be deemed to be conferred or imposed upon the cemetery trust or the crematorium trust, as the case may require.

(2)  Any act, matter or thing done or omitted to be done by the trustees of the cemetery or the trustees of the crematorium before the commencement of this Act shall have the like force and effect as if it had been done or omitted to be done by the cemetery trust or the crematorium trust, as the case may require.

9   Nomination of person for appointment as trustee of the cemetery

(1)  Notwithstanding anything in the Crown Lands Consolidation Act 1913 or the Public Trusts Act 1897 where the office of a trustee of the cemetery becomes vacant after the commencement of this Act, a person shall not, pursuant to either of those Acts, be appointed to fill the vacancy unless he is nominated thereto by such person or body, whether corporate or unincorporate, as may be specified or described in the regulations in relation to the vacancy.

(2)  The regulations may make provision for or with respect to determining the procedure to be followed in nominating a person for the purposes of subsection one of this section.

(3)  If a nomination is not received in accordance with the regulations during the prescribed period after a vacancy referred to in subsection one of this section arises, a person may be appointed to fill the vacancy in the same manner as if subsection one of this section had not been enacted.

(4)  Subsection one of this section does not apply in the case of a person who, pursuant to the Crown Lands Consolidation Act 1913, or the Public Trusts Act 1897, fills a vacancy by virtue of his holding a particular office or position.