Australian Capital Territory Numbered Acts

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CEMETERIES AND CREMATORIA ACT 2003 (NO. 11 OF 2003) - SECT 56

Proceedings and evidence in relation to vested assets and liabilities

    (1)     This section applies in relation to an asset or liability that vests in the board under section 53 (Vesting of assets and liabilities of former trustees in board).

    (2)     If a proceeding had been begun in relation to the asset or liability before it vested in the board and the former trustees are a party to the proceeding, the board is substituted for the former trustees as a party to the proceeding.

    (3)     If a proceeding could have been begun by or against the former trustees in relation to the asset or liability before it vested in the board, the proceeding may be begun by or against the board.

    (4)     The Limitation Act 1985 applies to a cause of action that accrued to or against the former trustees in relation to the asset or liability as if the cause of action had accrued to or against the board when it accrued to or against the former trustees.

    (5)     The court or other entity in which a proceeding is begun or continued by or against the board in relation to the asset or liability may give directions about the conduct of the proceeding.

    (6)     Any evidence that would have been admissible for or against the former trustees is admissible for or against the board.

    (7)     In this section:

"proceeding" includes a right of appeal or review (including a right of review under the Ombudsman Act 1989 ) or any other civil proceeding.



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