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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne University (VCAH) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--VICTORIAN COLLEGE OF AGRICULTURE AND
HORTICULTURE 3
3. Definition 3
4. Transfer of assets and liabilities of the Company 3
5. Gifts, trusts etc. 4
6. Staff of the College 5
7. Students of the College 6
8. Indemnity of former members of Council of the Company 8
9. Certain land used by the Company to vest in The University of
Melbourne 8
10. Amendment of Register etc 8
11. Rules of the Company 9
12. Powers of the Company 9
PART 3--CONSEQUENTIAL AMENDMENTS 10
13. Amendment of Melbourne University Act 1958 10
14. Amendment of the Vocational Education and Training Act
1990 10
NOTES 11
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne University Act 1958 to provide for the
merger of the Victorian College of Agriculture and Horticulture with
The University of Melbourne, to make consequential amendments to
the Vocational Education and Training Act 1990 and for other
purposes.
Melbourne University (VCAH) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to provide for the
merger of the Victorian College of Agriculture
5 and Horticulture with The University of
Melbourne.
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Melbourne University (VCAH) Act 1997
s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
5 operation on 1 July 1997.
_______________
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Melbourne University (VCAH) Act 1997
s. 3
Act No.
PART 2--VICTORIAN COLLEGE OF AGRICULTURE AND
HORTICULTURE
3. Definition
In this Part--
5 "Company" means the Victorian College of
Agriculture and Horticulture Limited A.C.N.
053 408 101.
4. Transfer of assets and liabilities of the Company
Subject to this Act, on and from 1 July 1997--
10 (a) The University of Melbourne is the
successor in law of the Company; and
(b) the assets and rights of the Company vest in
The University of Melbourne; and
(c) the liabilities and obligations of the
15 Company become liabilities or obligations of
The University of Melbourne; and
(d) any scholarship, prize or bursary of a
continuing nature administered by the
Company and existing immediately before 1
20 July 1997 shall be administered by The
University of Melbourne, but otherwise in
accordance with the terms and conditions to
which it was subject immediately before that
date; and
25 (e) all contracts, deeds, bonds, agreements,
arrangements, guarantees and other
instruments (except contracts, agreements or
arrangements relating to the members of
staff of the Company referred to in section 6)
30 made or entered into by, on behalf of, or in
relation to the Company and in force
immediately before 1 July 1997 have effect
as if made or entered into by, on behalf of, or
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531146B.I1-18/3/97
Melbourne University (VCAH) Act 1997
s. 5
Act No.
in relation to, The University of Melbourne;
and
(f) all actions, claims, arbitrations, applications
and other proceedings (including
5 proceedings on appeal or review) pending or
existing immediately before 1 July 1997 by,
against, or in relation to the Company have
effect as if they were proceedings by,
against, or in relation to The University of
10 Melbourne, and may be continued and
completed accordingly; and
(g) any permit, licence or authority issued or
granted to the Company by or under any Act
continues to operate, despite anything in this
15 Act, in favour of The University of
Melbourne in the same way and to the same
extent as it operated in favour of the
Company; and
(h) a reference in any Act (other than this Act)
20 or a subordinate instrument within the
meaning of the Interpretation of
Legislation Act 1984 to the Company must,
on and after 1 July 1997, be construed as a
reference to The University of Melbourne
25 unless the context otherwise requires;
(i) all records and documents of the Company
become the property of The University of
Melbourne.
5. Gifts, trusts etc.
30 If--
(a) before or after 1 July 1997--
(i) a gift, disposition or trust of property is
made or declared or is deemed to have
been made or declared; or
35 (ii) a trust fund is created--
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Melbourne University (VCAH) Act 1997
s. 6
Act No.
(whether by deed, will or otherwise) to, in
favour of, for the use of, or for the purposes
of, the Company; and
(b) the gift, disposition, trust or trust fund takes
5 effect, or may take effect, or the trust fund
may be applied, on or after that date--
the gift, disposition, trust or trust fund does not
fail only because of the provisions of this Act, but,
in relation to any other matter occurring on or
10 after that date--
(c) in the case of a gift, disposition or trust of
property, takes effect as if made or declared
to or in favour of The University of
Melbourne or a company referred to in
15 section 40A of the Melbourne University
Act 1958 for a purpose of The University of
Melbourne or such a company that
corresponds with, or is similar to, those
purposes of the Company for which it was
20 made or declared; or
(d) in the case of a trust fund, may be applied as
if created in favour of The University of
Melbourne or a company referred to in
section 40A of the Melbourne University
25 Act 1958 for a purpose of The University of
Melbourne or such a company that
corresponds with, or is similar to, those
purposes of the Company for which the fund
was created.
30 6. Staff of the College
(1) On 1 July 1997, a person who, immediately before
that date, was a member of the staff employed by
the Company becomes a member of the staff of
The University of Melbourne.
5
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Melbourne University (VCAH) Act 1997
s. 7
Act No.
(2) A person who becomes a member of the staff of
The University of Melbourne under sub-section
(1)--
(a) is a member of the staff of The University of
5 Melbourne with remuneration no less than
the person was receiving or was entitled to
receive as a member of the staff of the
Company immediately before 1 July 1997
and on terms and conditions no less
10 favourable than those applying to that person
immediately before that date; and
(b) continues to have the benefit of all
entitlements (including all entitlements
arising from recognition of prior service with
15 other bodies) accrued in respect of the
person's appointment by the Company before
1 July 1997--
subject to any written notice, agreement or
arrangement relating to the employment of that
20 person given or made by or on behalf of the
Company that was in force immediately before 1
July 1997.
(3) A person transferred under sub-section (1) who,
immediately before the transfer, was an officer
25 within the meaning of the State Superannuation
Act 1988, continues, subject to that Act, to be an
officer within the meaning of that Act, while he or
she continues as a member of staff of The
University of Melbourne.
30 7. Students of the College
(1) On 1 July 1997, a person who was enrolled as a
student of the Company immediately before that
day becomes a student of The University of
Melbourne.
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Melbourne University (VCAH) Act 1997
s. 7
Act No.
(2) Despite anything to the contrary in the
Melbourne University Act 1958--
(a) statutes or regulations made under that Act
by the Council of The University of
5 Melbourne may authorise the Council, at the
request of a person who becomes a student
of The University of Melbourne because of
sub-section (1), to confer on the student,
subject to and in accordance with the statutes
10 and regulations, a diploma or certificate or
other award under a name that includes the
title of the award and the words "Victorian
College of Agriculture and Horticulture";
(b) the powers of the Council of The University
15 of Melbourne under section 19 of that Act
extend to the conferring of any award on a
person who becomes an enrolled student of
The University of Melbourne because of
sub-section (1) that the Company could have
20 conferred on the person if this Act had not
been enacted;
(c) a person who holds a diploma, certificate or
other award of the Company is entitled to the
same benefits and privileges at The
25 University of Melbourne as are enjoyed by
persons holding diplomas, certificates and
other awards of The University of
Melbourne as if the diploma, certificate or
other award of the Company were a diploma,
30 certificate or other award of The University
of Melbourne.
(3) If a person was, before 1 July 1997, entitled to a
diploma, certificate or other award of the
Company that has not been granted, the diploma,
35 certificate or award must be granted by the
Council of The University of Melbourne and, for
that purpose, the Council may exercise in the
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Melbourne University (VCAH) Act 1997
s. 8
Act No.
name of the Victorian College of Agriculture and
Horticulture any power that the Company might
have exercised before 1 July 1997 in respect of
the diploma, certificate or award.
5 8. Indemnity of former members of Council of the
Company
A person who, immediately before 1 July 1997
was a director of the Company is entitled to be
indemnified by The University of Melbourne in
10 respect of any personal liability arising out of the
bona fide execution of the duties, powers,
authorities and discretions conferred or imposed
on the person as a director to the same extent and
in the same circumstances as if the person were a
15 member of the Council or a committee referred to
in section 16A of the Melbourne University Act
1958 before that date.
9. Certain land used by the Company to vest in The
University of Melbourne
20 On 1 July 1997, the land described in folio of the
Register volume 9777 folio 356 and folio of the
Register volume 9792 folio 630 vests in fee
simple (together with any appurtenant rights) in
The University of Melbourne, subject to the
25 conditions, covenants, encumbrances, limitations,
exceptions, reservations and restrictions to which
the land was subject immediately before its
vesting under this section.
10. Amendment of Register etc
30 The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title, instrument or document, must make any
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Melbourne University (VCAH) Act 1997
s. 11
Act No.
amendments in the Register under the Transfer of
Land Act 1958 that are necessary because of the
operation of this Act.
11. Rules of the Company
5 (1) The rules of the Company in force immediately
before 1 July 1997, to the extent to which they
could be made as regulations by The University of
Melbourne and are not inconsistent with any
regulations so made, continue to have effect--
10 (a) as if made as regulations under a Statute of
The University of Melbourne; and
(b) as if any reference to the Company were a
reference to The University of Melbourne.
(2) Rules continued in force under sub-section (1)
15 may be amended or revoked as if they were
regulations made under a Statute by The
University of Melbourne.
12. Powers of the Company
Despite anything to the contrary in the
20 constitution of the Company, the Company is
deemed to have, and always to have had, power to
do all things it is authorised or empowered to do
under and for the purposes of this Act or
necessary or expedient to be done for the purposes
25 of the merger with The University of Melbourne
in accordance with this Part.
_______________
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531146B.I1-18/3/97
Melbourne University (VCAH) Act 1997
s. 13
Act No.
PART 3--CONSEQUENTIAL AMENDMENTS
13. Amendment of Melbourne University Act 1958
No. 6405. In section 19 (1) and (2) of the Melbourne
Reprinted to
University Act 1958 for "or licence" substitute
Act No.
5 ", licence or other award".
57/1996.
14. Amendment of the Vocational Education and
Training Act 1990
No 45/1990. (1) In section 80(1) and (2) of the Vocational
Reprinted to
Education and Training Act 1990, omit
Act No.106/94
10 paragraph (d).
and
subsequently
(2) In section 82 of the Vocational Education and
amended by
Act Nos
Training Act 1990, omit paragraph (c).
92/1995,
85/1995,
35/1996 and
59/1996.
15
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Melbourne University (VCAH) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
11
531146B.I1-18/3/97
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