South Australian Consolidated Acts

HOUSING AND URBAN DEVELOPMENT (ADMINISTRATIVE ARRANGEMENTS) ACT 1995 - SCHEDULE 2

Schedule 2—Transitional provisions

1—Interpretation

In this Schedule—

Homestart means Homestart Finance Ltd (ACN 008 272437);

relevant day means the day on which this Schedule comes into operation;

Urban Land Trust means the South Australian Urban Land Trust (as in existence immediately before the relevant day).

3—Dissolution of Homestart

Homestart is, by force of this clause, dissolved.

4—Staff

        (1)         The Governor may, by proclamation, transfer the employment of a person who was an officer or employee of Homestart or the Urban Land Trust immediately before the relevant day—

            (a)         to the Department; or

            (b)         to SAHT; or

            (c)         to a statutory corporation established under this Act.

        (2)         The transfer of a person under subclause (1) does not affect—

            (a)         existing conditions of employment or existing or accruing rights to leave; or

            (b)         a process commenced for variation of those conditions or rights.

5—Vesting of property etc in the Minister

        (1)         The Minister succeeds to all the property, assets, rights, powers, liabilities and obligations of Homestart and the Urban Land Trust.

        (2)         However, subclause (1) does not apply to property, assets, rights, powers, liabilities or obligations vested by the Governor, by proclamation, in—

            (a)         the Crown; or

            (b)         another Minister of the Crown; or

            (c)         an agent or instrumentality of the Crown; or

            (d)         a statutory corporation established under this Act.

        (3)         The vesting of property by this clause, and an instrument evidencing or giving effect to that vesting, are exempt from stamp duty.

        (4)         The Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this clause.

        (5)         An instrument relating to an asset, right or liability that has vested in the Minister or a body under this clause must, if the instrument is executed by the Minister or the body and is otherwise in an appropriate form, be registered or recorded by the Registrar-General or another appropriate authority despite the fact that the Minister or the body has not been registered or recorded as the proprietor of the property under subclause (4).

6—Statutory fund

The South Australian Urban Land Trust Fund vests in the Minister.

7—References

The Governor may, by proclamation, declare that a reference in an Act or instrument (or an instrument of a specified class) to Homestart or the Urban Land Trust is to be taken to be a reference to the Minister, or to a body specified in the proclamation.

8—Regulations

The regulations may contain other provisions of a saving or transitional nature consequent on the enactment of this Act.