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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne University (Victorian College of the
Arts) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--INTEGRATION 3
3. Definitions 3
4. Abolition of the College 3
5. Transfer of assets and liabilities of the College 4
6. Gifts, trusts etc. 6
7. Staff of the College 7
8. Students of the College 8
9. Statutes and regulations of the College 9
10. Powers of the College 10
PART 3--CONSEQUENTIAL AND OTHER AMENDMENTS 11
11. Repeal 11
12. Amendment of the Melbourne University Act 1958 11
29A. Establishment of the Faculty of the Victorian College
of the Arts 11
ENDNOTES 13
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PARLIAMENT OF VICTORIA
A BILL
to provide for the integration of the Victorian College of the Arts with
the University of Melbourne, to repeal the Victorian College of the
Arts Act 1981, to amend the Melbourne University Act 1958 and for
other purposes.
Melbourne University (Victorian
College of the Arts) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide for the integration of the Victorian
College of the Arts with the University of
5
Melbourne; and
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Part 1--Preliminary
s. 2
(b) to establish a faculty of the University of
Melbourne to be called the "Faculty of the
Victorian College of the Arts".
2. Commencement
(1) This Part comes into operation on the day after the
5
day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 January 2007.
__________________
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Part 2--Integration
s. 3
PART 2--INTEGRATION
3. Definitions
In this Part--
"award course" means a course at the College
which is approved as an award course by the
5
academic board of the University;
"the College" means the Victorian College of the
Arts incorporated under the Victorian
College of the Arts Act 1981;
"the University" means The University of
10
Melbourne within the meaning of the
Melbourne University Act 1958.
4. Abolition of the College
On 1 January 2007--
(a) the College is abolished;
15
(b) a person holding office as a member of the
Council of the College immediately before
that date ceases to hold that office;
(c) a person holding office as the President of
the College or the Deputy President of the
20
College immediately before that date ceases
to hold that office;
(d) any committee constituted and appointed by
the Council of the College is abolished;
(e) a person holding office as a member of a
25
committee referred to in paragraph (d)
immediately before that date ceases to hold
that office;
(f) the Board of Studies of the College is
abolished;
30
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(g) a person holding office as a member of the
Board of Studies of the College immediately
before that date ceases to hold that office.
5. Transfer of assets and liabilities of the College
Subject to this Act, on and from 1 January 2007--
5
(a) the University is the successor in law of the
College; and
(b) the assets and rights of the College vest in
the University; and
(c) the liabilities and obligations of the College
10
become liabilities or obligations of the
University; and
(d) any scholarship, prize or bursary of a
continuing nature administered by the
College or its Council and existing
15
immediately before 1 January 2007 shall be
administered by the University, but
otherwise in accordance with the terms and
conditions to which it was subject
immediately before that date; and
20
(e) all contracts, deeds, bonds, agreements,
arrangements, guarantees and other
instruments (except contracts, agreements or
arrangements relating to the members of
staff of the College referred to in section 7)
25
made or entered into by, on behalf of, or in
relation to the College or its Council and in
force immediately before 1 January 2007
have effect as if made or entered into by, on
behalf of, or in relation to, the University;
30
and
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(f) all actions, claims, arbitrations, applications
and other proceedings (including
proceedings on appeal or review) pending or
existing immediately before 1 January 2007
by, against, or in relation to the College or its
5
Council have effect as if they were
proceedings by, against, or in relation to the
University, and may be continued and
completed accordingly; and
(g) any permit, licence or authority issued or
10
granted to the College or its Council by or
under any Act continues to operate, despite
anything in this Act, in favour of the
University in the same way and to the same
extent as it operated in favour of the College
15
or its Council; and
(h) unless the contrary intention appears, a
reference to the College or to the Council of
the College is deemed to be a reference to
the University if the reference--
20
(i) is in an Act, other than this Act, a
subordinate instrument within the
meaning of the Interpretation of
Legislation Act 1984, a judgment or
order or any other document
25
whatsoever; and
(ii) is in relation to a period occurring on or
after 1 January 2007; and
(i) all records and documents of the College or
its Council become the property of the
30
University.
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6. Gifts, trusts etc.
If--
(a) before, on or after 1 January 2007--
(i) a gift, disposition or trust of property is
made or declared or is deemed to have
5
been made or declared; or
(ii) a trust fund is created--
(whether by deed, will or otherwise) to, in
favour of, for the use of, or for the purposes
of the College; and
10
(b) the gift, disposition, trust or trust fund takes
effect, or may take effect, or the trust fund
may be applied, on or after 1 January 2007--
the gift, disposition, trust or trust fund does not
fail only because of the provisions of this Act but,
15
in relation to any other matter occurring on or
after 1 January 2007--
(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 for a
20
purpose of the University that corresponds
with, or is similar to, those purposes of the
College for which it was made or declared;
or
(d) in the case of a trust fund, may be applied as
25
if created in favour of the University for a
purpose of the University that corresponds
with, or is similar to, those purposes of the
College for which the fund was created.
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s. 7
7. Staff of the College
(1) On 1 January 2007, a person who, immediately
before that date, was a member of the staff
employed by the College or its Council and who,
but for this Act, would have continued to be a
5
member of staff employed by the College or its
Council becomes a member of the staff of the
University.
(2) A person who becomes a member of the staff of
the University under sub-section (1)--
10
(a) is a member of the staff of the University on
terms and conditions (including
remuneration) that are no less favourable in
aggregate than those applying to the person
as a member of the staff of the College
15
immediately before 1 January 2007; and
(b) continues to have the benefit of all
entitlements (including all entitlements
arising from recognition of prior service with
other bodies) accrued in respect of the
20
person's appointment by the College before
1 January 2007.
(3) A person transferred under sub-section (1) who,
immediately before the transfer, was an officer
within the meaning of the State Superannuation
25
Act 1988, continues, subject to that Act, to be an
officer within the meaning of that Act, while the
person continues as a member of staff of the
University.
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8. Students of the College
(1) On 1 January 2007, a person who, immediately
before that date, was a student of the College
enrolled in a course other than an award course
becomes a student of the University.
5
(2) A person who, immediately before 1 January
2007, was entitled to enrol as a student of the
College in a course other than an award course is
entitled to apply for enrolment as a student of the
University in a course of study that is the same or
10
substantially the same as that in which the person
was entitled to enrol at the College.
(3) Despite anything to the contrary in the
Melbourne University Act 1958--
(a) statutes or regulations made under that Act
15
by the Council of the University may
authorise the Council, at the request of a
person who becomes a student of the
University by reason of sub-section (1), to
grant to the student, subject to and in
20
accordance with the statutes and regulations,
a diploma, certificate or other award which
the student is entitled to have granted before
a date specified in the statute or regulation
under a name that includes the title of the
25
award and the words "Victorian College of
the Arts"; and
(b) the powers of the Council of the University
under section 19 of that Act extend to the
granting of any diploma, certificate or other
30
award on a person who becomes an enrolled
student of the University by reason of sub-
section (1) that the College might have
granted to the person if this Act had not been
enacted; and
35
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(c) a person who holds a diploma, certificate or
other award of the College is entitled to the
same benefits and privileges at the
University as are enjoyed by persons holding
diplomas, certificates or other awards of the
5
University, as if the diploma, certificate or
award of the College were a diploma,
certificate or award of the University.
(4) If a person was, before 1 January 2007, entitled to
a diploma, certificate or other award of the
10
College that had not been granted, the diploma,
certificate or award must be granted by the
Council of the University and, for that purpose,
the Council may exercise in the name of the
College any power that the Council of the College
15
might have exercised before 1 January 2007 in
respect of that diploma, certificate or award.
9. Statutes and regulations of the College
(1) The statutes and regulations of the College in
force immediately before 1 January 2007, to the
20
extent to which they could be made as statutes or
regulations of the University and are not
inconsistent with any statutes or regulations so
made, continue to have effect as if made as
statutes or regulations, as the case may be, of the
25
University.
(2) Statutes and regulations continued in force under
sub-section (1) may be amended or revoked as if
they were statutes made by the Council of the
University or regulations made under a statute by
30
the University.
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10. Powers of the College
Despite anything to the contrary in the
constitution of the College or its Council, the
College is deemed to have, and always to have
had, power to do all things it is authorised or
5
empowered to do under and for the purposes of
this Act or necessary or expedient to be done for
the purposes of the integration with the University
in accordance with this Act.
__________________
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Melbourne University (Victorian College of the Arts) Act 2006
Act No.
Part 3--Consequential and Other Amendments
s. 11
PART 3--CONSEQUENTIAL AND OTHER AMENDMENTS
11. Repeal
See:
The Victorian College of the Arts Act 1981 is Act No.
repealed. 9566.
Reprint No. 3
as at
1 August 2003
and
amending
Act Nos
40/2005 and
24/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
12. Amendment of the Melbourne University Act 1958
5 Act No.
6405.
In Division 5 of Part I of the Melbourne Reprint No. 6
University Act 1958, after section 29 insert-- as at
1 August 2003
'29A. Establishment of the Faculty of the and
amending
Victorian College of the Arts Act No.
40/2005.
(1) Despite section 29(1)(a), there is established
10 LawToday:
a faculty to be known as the "Faculty of the www.dms.
dpc.vic.
Victorian College of the Arts". gov.au
(2) The faculty--
(a) shall have the powers and duties that
are respectively conferred or imposed
15
on it by the statutes of the University;
and
(b) shall consist of those persons who are
declared by the statutes of the
University to be members of the
20
faculty.
(3) The first statute made in respect of all the
matters referred to in sub-section (2) must be
made not later than 1 July 2007.
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Act No.
Part 3--Consequential and Other Amendments
s. 12
(4) Subject to this section, the faculty is to be
taken to be a faculty established in
accordance with section 29.
(5) The objects of the faculty are--
(a) to foster the development and
5
improvement of, and to provide for
education in, the creative, performing
and other arts, and for general
education for people undertaking
courses in those arts;
10
(b) to advance learning, knowledge,
appreciation and competence in
activities primarily or substantially
directed to the creation, design,
composition, interpretation, display,
15
publication, performance or
management of works of an aesthetic
nature and of their conservation and
elucidation;
(c) to organise, conduct and participate in
20
public performances, exhibitions,
conferences, lectures, demonstrations,
experiments, training and other
activities relating to the arts;
(d) to promote critical enquiry within the
25
College and in the general community;
(e) to consult and collaborate in the
interests of the community with other
arts organisations and people.'.
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Melbourne University (Victorian College of the Arts) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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