An Act to ensure that any gift, devise or bequest of property in favour of the Royal Blind Society of New South Wales or other related agencies takes effect as if made in favour of the new combined agency, Vision Australia, and to provide for the repeal of the Royal Blind Society (Corporate Conversion) Act 2003.

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 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)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Royal Blind Society (Merger) Act 2005 No 87. Second reading speech made: Legislative Assembly, 19.10.2005; Legislative Council, 10.11.2005. Assented to 17.11.2005. Date of commencement, 16.12.2005, sec 2 and GG No 157 of 16.12.2005, p 10881. This Act has been amended as follows:

Table of amendments