Victorian Current Acts

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AMBULANCE SERVICES ACT 1986 - SECT 44

Power to borrow money

    (1)     In this section, financial accommodation means a financial benefit or assistance to obtain a financial benefit in any of the following forms—

S. 44(1)(a) amended by No. 11/2001 s. 3(Sch. item 4(a)).

        (a)     by way of overdraft of account with any financial institution;

        (b)     by way of loan;

        (c)     by issuing, endorsing or otherwise dealing in promissory notes;

        (d)     by drawing, accepting or otherwise dealing in bills of exchange;

        (e)     by issuing, purchasing or otherwise dealing in securities;

        (f)     in any other form that the Treasurer approves.

S. 44(2)
amended by Nos 38/1998 s. 12(f), 11/2001 s. 3(Sch. item 4(b)).

    (2)     An ambulance service may, with the approval of the Treasurer, obtain financial accommodation for a period not exceeding 12 months by way of overdraft of account at any financial institution in Australia.

S. 44(3)
amended by No. 38/1998 s. 12(f).

    (3)     An ambulance service may, with the approval of the Treasurer, obtain financial accommodation within Australia for a period not exceeding 12 months.

S. 44(4)
amended by No. 38/1998 s. 12(f).

    (4)     An ambulance service may, with the approval of the Treasurer, obtain financial accommodation within Australia for a period exceeding 12 months.

S. 44(5)
amended by No. 38/1998 s. 12(f).

    (5)     If the Treasurer executes a certificate of guarantee in or to the effect of the form prescribed under subsection (11) relating to the provision to an ambulance service of financial accommodation, the due satisfaction of the financial accommodation obtained and the due payment of any interest, charges and expenses chargeable against the ambulance service in relation to the financial accommodation and the payment of the expenses of enforcing or obtaining or endeavouring to enforce or obtain such due satisfaction or payment is guaranteed by the Government of Victoria.

    (6)     A guarantee under subsection (5) has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

    (7)     Any sums required by the Treasurer in fulfilling any liability arising under a guarantee by or on behalf of the Government of Victoria provided by this section or given under this section are to be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

S. 44(8)
amended by No. 38/1998 s. 12(f).

    (8)     Any sums received or recovered by the Treasurer from an ambulance service or otherwise in respect of any sums paid by the Treasurer under a guarantee must be paid into the Consolidated Fund.

S. 44(9)
amended by No. 38/1998 s. 12(f).

    (9)     An ambulance service may, with the approval of the Treasurer, do anything necessary for, or incidental or conducive to, the exercise of any power conferred on it by this section or section 43.

    (10)     An approval by the Treasurer under this section or section 43 may be given unconditionally or subject to any conditions the Treasurer thinks fit.

    (11)     The Governor in Council may, on the recommendation of the Treasurer, make regulations prescribing the form of the certificate referred to in subsection (5).

Pt 10 Div. 2 (Heading and ss 4548) inserted by No. 38/1998 s. 13.

Division 2—Abolition of bodies

S. 45 repealed by No. 21/1995 s. 29(1),
new s. 45
inserted by No. 38/1998 s. 13.



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